Liverpool John Lennon Airport parking charge

[Burtyboo]

Hi,

Help would be greatly appreciated please.

Keeper of the car received a parking charge for LJLA in August 2017. The keeper wasn't driving the car. Company told this at this time.

Received lots of letters, but keeper was very poorly in Intensive care at the time and I wrote to ask them to stop harassing them.

Nothing received for 2+ years.

Out of the blue keeper has received a notice of debt recovery from dcbl, followed by a final reminder 3 weeks later, stating now at risk of legal proceedings.

Don't know what to do - please help.

[EnglandPi]

The parking situation at Liverpool John Lennon Airport is most unfair. When driving to the airport the road is one way, straight into the car park with no option to escape or turn around. You have to enter the car park and pay a fee wether you intend to park or not. I assume the charge has increased because no payment or appeal has been made?

The debt may now have been assigned to a debt collection agency but I would need to know more before I can offer any advise.

[Burtyboo]

Hi,

Thank you for your prompt reply.

The driver hadn't been to the airport before and stopped on the side of the road to read a road sign (It was dark and poorly lit)

A ?police car came straight to the driver (within seconds) and told them to move, and pointed them to the outside car park and the driver moved straight away.

I joined this forum and followed the advise I was given. I wrote to them stating the driver was not the registered keeper (RK). I am struggling to remember all the details as the RK was seriously ill in hospital at the time, but I did write to them requesting they stopped sending correspondence to the RK due to the stress it was causing.

A letter was sent from dcbl in June, which the RK ignored as they didnt really know anything about the case as they were so ill. Another letter has now been received with final reminder for the sum of £160, stating now at risk of legal proceedings.

At the time of the original fine, the advice, if I remember correctly was that they couldn't take it to court due to by laws - is this still the case? Does it matter that the person being fined is the RK and not the driver? The RK was arriving on a flight from abroad!

Should we just pay it?

[EnglandPi]

Should we just pay it?

It all depends how much your time is worth. Personally I would fight it but if you don't have the time it would be quicker to pay it. Debt Collectors cannot 'Send The Boys Around' anymore. Thankfully the days of bullies has long gone. They can only threaten you with Court these days and it's not up to DCBL to actually take you to Court it's for their client to decide. I doubt if they would even bother for £160 but I could be wrong and maybe you are the exception to the rule. Personally I would either pay it or wait and see if a Court Summons arrives. Bearing in mind before taking Court action the debtor has to be sent a pre-action protocol for debt claims which gives the debtor a further thirty days to either seek debt advice or pay.

[Burtyboo]

I feel very strongly that we shouldn't just pay it!

I put a lot of time into it when RK was very ill, continuing to work etc.

So am I right in understanding, I don't need to reply to the final reminder?

Wait to see if we get a pre-action protocol - make a choice then of either pay or Wait to see if we get a court summons?

[ostell]

Is it DCB Ltd writing the letter or DCB Legal? If it's Ltd then they are acting as mere debt collectors and can be ignored. Is there a line along the bottom stating it is not the subject of bailiff or court action? That's the giveaway for the debt collector

Englandpi is completely wrong about the low amount being too low to take to court, they do.

As this is byelaw land then they cannot use POFA to transfer liability from the driver to the keeper.

Write to them pointing out that Schedule 4 of the Protection of Freedoms Act 2012 does not apply as this is not relevant land. As the keeper you were at the time of the alleged breach on a plane and can show that (Can't you?) and cannot have been the driver at the time. To attempt to claim from the keeper, under the circumstances, is perverse and unreasonable. Demand that they return the matter to the principal

SAR to the parking company to get all the docs re.ated to the keeper and the VRM of the car

Post this on the pepipoo private parking forum. You should get better informed advice

[Burtyboo]

Hi,

It is dcb Ltd and yes there is a sentence which says "This case is not subject to High Court or bailiff action, however should you fail to contact us, we will recommend to our client the commencement of legal action against you."

What is a POFA?

What is SAR and VRM?

Thank you for your advice. Going to write the letter now and have a look at Pepipoo

[ostell]

You haven't been reading the forums about parking have you?

They can only recommend legal action but if that happens then they don't get any commission. Not the best business model.

POFA Schedule 4 of the Protection of Freedoms Act 2012 Protection of Freedoms Act 2012 (legislation.gov.uk)

SAR Subject Access Request Template in Shortcuts panel on this page.

VRM Vehicle Registration Mark ie number plate but it's more than numbers.

[Burtyboo]

I did search the forums, but found it all very confusing to be honest.
Thank you for being so patient and helpful :-)

[EnglandPi]

Ostell, EnglandPi is actually a debt collector, I did qualify my post saying I could be wrong but at the same time, you are completely wrong if you think debt collectors don't get paid if a case goes to Court. I assure you we do.

[ostell]

Interesting, perhaps you could let us know the rates.

[EnglandPi]

That’s privileged information for clients only, we would be more than happy to discuss our rates should you ever require our services.