Parking Fine - Civil Enforcement

[Amy]

Re: Parking Fine - Civil Enforcement

And before ya say it Amy, I'm not panicking, honest [more important things to worry about than this lol]

Good girl xx

[Curlyben]

Re: Parking Fine - Civil Enforcement

Here's the kicker:

Failure to clear the amount in full may result in the debt being taken to court at considerable further cost to you.

Classic DCA scare tactic there..

Until they actually comply with pre-action prots, ie a Latter Before Action and give you a DATE to respond, they wont be taking any action

[PJ69]

Re: Parking Fine - Civil Enforcement

Yet another letter from Newlyn arrived today.....they're really starting to pee me off now! lol

Great big, bold, heading of Notice of Court Action emblazened across the top!

"We have no record of receiving your payment despite previous correspondence and now have no alternative but to pass the file back to our Client, who will then proceed with any necessary action.

We would like to offer one final opportunity to settle the outstanding amount prior to us returning it back to our Client.

Unless we hear from you in the next SEVEN days with regard to paying your outstanding arrears your file will be returned to our Client for them to process for court action. THIS MAY RESULT IN ADDITIONAL COST TO YOU AND CONSIDERABLY INCREASE THE AMOUNT OWED.

To avoid any further action contact us on 01604 625130 immediately to discuss payment."

With a bit of luck, now it's getting passed back, they might realise i'm not gonna pay and stop wasting paper! lol

[Curlyben]

Re: Parking Fine - Civil Enforcement

LOL no worries.
Fire off a Prove It letter to them:

Dear Sir/Madam

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to Newlyn PLC.

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

[PJ69]

Re: Parking Fine - Civil Enforcement

Thanks for this CB!...I'll send it off tomorrow. One little query tho - can I still use this bit, considering I've completely ignored every piece of correspondence, rather than disputing?

"In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods."

[Curlyben]

Re: Parking Fine - Civil Enforcement

leave it in as they have threatened further action..

[Amy]

Re: Parking Fine - Civil Enforcement

Personally, I would not write to them at all.

[Happyolddog]

Re: Parking Fine - Civil Enforcement

I would write to them but make it annonymous, just big bold letters.

/-UCK OFF

[michael]

Re: Parking Fine - Civil Enforcement

Personally, I would not write to them at all.

I agree, you'll merely encourage them. There's a CEL thread, about a week ahead of you here:
help please - Penalty Charges Forum

Newlyns have just passed it back to CEL to process for court action

[Curlyben]

Re: Parking Fine - Civil Enforcement

Good call there Michael, thanks.

[PJ69]

Re: Parking Fine - Civil Enforcement

Thanks for posting that thread Michael - it's identical to my case I see.....i love the last post clarifying 'final' - i did wonder myself exactly what they're version of 'final' was lol

So I'll just sit tight then, and ignore it yet again.........I wonder if they have there own forest, purely to chop down for sending these waste of time letters.....

[Paule]

Re: Parking Fine - Civil Enforcement

Just for reference this was what i sent when i received a parking ticket demand from Town & Country Parking

I acknowledge receipt of your letter. I presume that you have got my details from the DVLA and I confirm I am the keeper of the vehicle in question. You need to take this matter up with the driver concerned.

In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.

There response to this was

We will not be persuing this matter any further

[PJ69]

Re: Parking Fine - Civil Enforcement

Received yet another letter from Newlyns today.....remember, those who were passing it back to their client? lol

"NOTICE PRIOR TO COUNTY COURT PROCEEDINGS

You have failed to pay the above parking ticket, and this may now be registered in the County Court.

This action will allow Bailiffs to remove household effects and cars from your property, and may affect your credit rating.

You have 14 days to pay, from the date of this letter" [letter dated 3/8/09]

Until they actually comply with pre-action prots, ie a Latter Before Action and give you a DATE to respond, they wont be taking any action

Because this letter has given me 14 days, does this correspond with what you said CB, or should they have put a specific date?......have they covered everything sufficiently enough to possibly take this further now??

PJ xXx

[Amy]

Re: Parking Fine - Civil Enforcement

It is littered with errors - they really are clutching at straws.

[michael]

Re: Parking Fine - Civil Enforcement

All par for the course. Prof on Penalty charges has had the same letter:
Penalty Charges Forum - View Single Post - help please