Debt recovery letter - but received no pcns before HELP

[Sunsetrain12]

Hi so I thought that was the end of it as I heard nothing but NOPE they sent a letter again. Should I ignore them, send a letter or contact the financial ombudsman service? I've only got two days to respond now

[des8]

Up to you.
If you feel like partaking in letter tennis you can repeat the letter as in post 56, or you can just ignore them.

Whatever you do won't make any difference.

Sometimes I think they don't even read letters that are sent but just look for any payment that might be made.
After all they are debt collectors who only get paid a percentage of what they collect, so no incentive to act reasonably!

[Sunsetrain12]

My brother got so sick of the letter that he phoned them up to say I don't live here and they claimed that was the address they had on file! Should I contact the financial ombudsman? I have misplaced the posting of certificates. I feel stressed about what the repercussions of ignoring the letter is.

[Sunsetrain12]

Also wondering if I should @ them on twitter. Would that be a bad idea? Sick of repeating myself in letters and feeling this stressed out

[des8]

Well don't reply to them.

Just ignore them unless you receive a letter headed "letter before action" or "letter before Claim".

As they only deal with parking claims they are not regulated so no point complaining to FOS

Whatever you do won't make the slightest difference to them
.
I would just ignore them

[Sunsetrain12]

So would you recommend ignoring this letter they sent? It's just another 'FINAL REMINDER' scary letter tbh. What makes me mad is they said you have 7 days to respond, the letter didn't arrive till today and it was sent 5 days ago!

[des8]

Debt Recovery Plus are only debt collectors who have no power at all.
The only course of action open to them is to write threatening letters to their victims.
When they realise you aren't paying, they can't do anything other than refer it back to the parking company.
If they don't obtain money from their victims they don't get paid, hence they keep writing.

Just ignore them

[Sunsetrain12]

Could they not take me to court? Or refer me to someone to take me to court?

[Sunsetrain12]

I just feel quite anxious and stressed not doing anything

[des8]

Debt collectors essentially can do nothing except write to you.
They do not own the alleged debt, so cannot take you to court.
Only the company to whom you might owe money can initiate a court claim.

Sometimes parking companies issue court claims, but if a robust defence is entered they then discontinue the claim, or just don't turn up to court.
There is no need to stress over the matter at all.

[Sunsetrain12]

So after my brother finally told them to go stuff it because I didn't live at the address, I got an official legal letter and have 30 days to respond. Interesting how they could finally remember my address after several months of not being able to.

Only saw it today because I only just got back from holiday.

Any thoughts on should I pay or respond on the respond form? I can't afford a lawyer.

Will send it in the next post as for some reason it's too big to send.

[Sunsetrain12]

Okay for some weird reason the picture STILL ended up being too big to send so I've typed out what was in the letter below:

LETTER OF CLAIM

Re: Our Client: UK Parking Control Limited
PCN Ref(s): Please see overleaf
Amount Due: £170.00

We act for UK Parking Control Limited and write in respect of an unpaid parking charge notice(s) ("PCN"). This is a formal Letter of Claim in accordance with the Pre-Action Protocol for Debt Claims.

Basis of Claim
The vehicle with registration number XXXXXXX ("Vehicle") was parking on private land ("Land") managed by our Client. The signs displayed on the Land set out the Terms of parking (i.e. "the Contract"). The Vehicle was parked in breach of the Terms and as such the Contract was accepted and a PCN(s) was issued. You are liable as the Keeper or Driver. The details of the PCN(s) can be found in the schedule at the bottom of this letter. Payment was due within 28 days of the PCN(s) being issued but remain outstanding.

The amount of debt is £170.00 which includes the PCN(s) and debt recovery costs. If a claim is issued, further costs will be sought, together with accruing interest at 8% above base rate per annum pursuant to s69 of The County Courts Act 1984.

Next Steps
Within 30 days of the date of this letter, you should either make payment using one of the methods detailed overleaf or complete the Reply form and financial statement. Failure to do so is likely to result in a claim being issued without further notice. Please visit ww.dcblegal.co.uk/response to complete and submit the reply form and financial statement. You will also find an additional information sheet summarising your rights and responsibilities under the Pre-Action Protocol for Debt Claims.

Your attention is drawn to the Civil Procedure Rules 1998 and the Court's power to impose sanctions if you fail to pay or respond. Any such failure will be brought to the attention of the Court which considering costs. ANy non-compliance with the Rules can increase liability for costs.

We suggest you deal with this as a matter of urgency to avoid a claim being issued. You may wish to seek independent legal advice from a Solicitor or other free money advice organisation.

If you would like a 'dispute resolution call' with our team, or a paper copy of the information sheet, reply form or financial statement, please call on your office on XXXXXX.

Yours Faithfully,
DCB Legal

[Sunsetrain12]

Still don't understand how I can pay a PCN when they never even sent me any letters in the first place..

[des8]

I assume that letter was from DCB Legal.

So you can write to them, acknowledging their letter and adding that you deny you have any liability for any parking charge.
Tell them you have already written to their principals that they failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. Therefore, liability for the alleged charge cannot be transferred from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I anticipate you will not be proceeding with court action.


Yrs

They will probably ignore that letter, and proceed to issue the claim