Dept Recovery Plus - Intended Court Action

[gtbd]

Hi there I wondered if anyone can help me at all ?

I have been sent several letters from Debt Recovery plus regarding an infringement at Matalan Car Park on 22nd December 2016. I never received the original notice from Smart Parking and explained this to them however the said we have missed the chance to appeal as all the need to do is prove they sent the letter and they were not interested that I didnt receive it.

I was at work that day and my relation who was visiting from abroad who borrowed my car to get some shopping there and as you can imagine it was quite busy that close to xmas! She paid for parking but overstayed by 20 minutes. Ive told DRP each time that it wasnt me driving but they just keep on and on. They sent letters re Intended Court Action and I have stopped calling them as it is a waste of my time as they will not refer it back.

The latest letter is offering me the chance to pay in stages but I obviously dont want to as £155 is mad as i wasnt even driving! It is really unfair and Matalans advice has been to just pay (thanks Matalan!)

What should i do please ?

[ostell]

Re: Dept Recovery Plus - Intended Court Action

So the easiest way out of this is to name your relative abroad as the driver at the relevant time. Which country is it? You, the keeper, are entitled to name the driver at any time up to the start of court proceedings.

For safety sake, so that proceedings are not started, send the naming letter to DRP and Smart Parking, with free proof of posting from the post office.

[gtbd]

Re: Dept Recovery Plus - Intended Court Action

Hi Ostell, thank you for the advice she lives in Canada.

- - - Updated - - -

I've tried to tell Debt recovery plus this several times but they do not want to know. The will not refer it back to Smart Parking so it is just painful!
I gave up responding as they were not interested and was going to wait until it got to next stage (if it did) before stating the details but if you believe it is better to send these details now I will do so.
Thank you for your help!

[ostell]

Re: Dept Recovery Plus - Intended Court Action

DRP can normally be ignored. They will not refer back to Smart as that means no money for them. Only Smart can start a court claim, DRP are only debt collectors who will write anything to frighten you. You MUST give Smart the name and address of the driver before they start any court claims, not that they will but they may do. Once you have given the name and serviceable address of the driver then you can no longer be liable for the alleged debt. This only applies if court proceedings have not been started. That it is why it is important to get prove of postage of that letter as the parking companies have a different, incorrect, interpretation of POFA.

[gtbd]

Re: Dept Recovery Plus - Intended Court Action

Thank you very much this is a great help.

[gtbd]

Re: Dept Recovery Plus - Intended Court Action

Hi Ostel, one last thing I've had no correspondence at all from smart parking so wondered is it best to send a letter to the head office or email to the info@ address ?
Thank you again.

[ostell]

Re: Dept Recovery Plus - Intended Court Action

Just send a communication by whichever way is possible but remember to make sure you get some proof of having sent it, such as copying yourself in an email.