MET Parking Ticket - Debt Agency Now involved

[aami.mas]

Hi All

I'm in the unfortunate position of having received a MET Parking ticket for parking at a McDonalds for longer than they liked in April 2014. When I researched it at the time on this forum and others, the advice I found was that MET were relatively benign and very unlikely to keep trying after 1-2 reminders, so I kept the letters but ignored them and didn't pay. The original fine was £100, reduced to £50 if paid quickly. I didn't pay and they've now sent a fourth letter. I think I mis-judged it..

They have now referred me to a debt collection firm called "Debt Recovery Plus Ltd". They are saying that if I do not pay the Debt firm within 7 days they might apply for a County Court Judgment against me. They say that this will then increase the bill from £150 (what they want now) to about £255. The correspondence is in my father-in-law's name, and I don't want him to be messed around any more.

In the third letter, MET parking also said that the independent POPLA service was no longer available because I didn't appeal to MET first within 28 days. I can scan and post the letters here, but I don't have pictures of the parking area. Needless to say I didn't see any signs, it was dark at night, and I was in the restaurant with 3 kids so it took a long time to get in and out. Seems very unreasonable to pay so much money to be a paying customer of McDonalds.

Mystery1 and others, I would appreciate your advice please... The letter is dated 25/11, so that means Monday 1st DEcember is the last of the 7 days for me to pay.

Please help!! :-)

Thanks
aami.mas

[aami.mas]

Re: MET Parking Ticket - Debt Agency Now involved

Attachments include

1st letter
3rd letter
4th letter - this time from debt firm

Thank you all

[mystery1]

Re: MET Parking Ticket - Debt Agency Now involved

Name the driver and give the drivers address. The driver should then be given the chance to appeal and keeper liability is removed :okay:


http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.


(2)The right under this paragraph applies only if—


(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met;


Conditions that must be met for purposes of paragraph 4


5(1)The first condition is that the creditor—


(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but


(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

[aami.mas]

Re: MET Parking Ticket - Debt Agency Now involved

Thank you mystery1, that is what I will do. So I will write to Met Parking to give them a driver's name and address. I will post this to them by recorded delivery and say no more than that. I assume I should ignore the debt agency completely?

Thank you, will keep you posted :-)

[mystery1]

Re: MET Parking Ticket - Debt Agency Now involved

I'd email everyone as it's cheaper.

M1

[aami.mas]

Re: MET Parking Ticket - Debt Agency Now involved

Thanks mystery1. I emailed both METParking and DRPL as you advised.

I got an auto message from DRPL saying they would take up to 28 days to reply (hilarious). I then got a message a few days later from MET themselves saying I should contact DRPL, not them (they were already copied in). This seems like a bit of a cop out. The citation you provided above says that they cannot claim any credit from the keeper if they are in possession of the driver's name and address. It is helpful, in that it confirms that they have received the information.

Anyway, the wording is below for your information:

Dear Sir/Madam,

Thank you for your email.

We note your comments, however, this charge has now been passed across to our debt collection agents Debt Recovery Plus.

All future enquiries should be forwarded to them, they can be contacted via the following methods:

Telephone: 0844 561 0965
Fax: 0161 339 5722
Email: info@drpl.co.uk
By Debt Recovery Plus, PO BOX 259, Ashton under lyne, OL6 0ES.

[mystery1]

Re: MET Parking Ticket - Debt Agency Now involved

Thanks mystery1. I emailed both METParking and DRPL as you advised.

I got an auto message from DRPL saying they would take up to 28 days to reply (hilarious). I then got a message a few days later from MET themselves saying I should contact DRPL, not them (they were already copied in). This seems like a bit of a cop out. The citation you provided above says that they cannot claim any credit from the keeper if they are in possession of the driver's name and address. It is helpful, in that it confirms that they have received the information.

Anyway, the wording is below for your information:

Dear Sir/Madam,

Thank you for your email.

We note your comments, however, this charge has now been passed across to our debt collection agents Debt Recovery Plus.

All future enquiries should be forwarded to them, they can be contacted via the following methods:

Telephone: 0844 561 0965
Fax: 0161 339 5722
Email: info@drpl.co.uk
By Debt Recovery Plus, PO BOX 259, Ashton under lyne, OL6 0ES.

Absolutely spot on. Let them try something now

M1

[aami.mas]

Re: MET Parking Ticket - Debt Agency Now involved

So the debt agency has now replied. They say:

"we have referred your case to our client and have proposed issuing country court proceedings against you. If the case reaches court and judgment is obtained costs may increase the debt as follows... Total £255. In order to avoid this action, our client is prepared to accept a reduced payment of £120 providing this amount is paid within the next 7 days. .. "

This is rather odd - why are they still seeking payment from the keeper after they have the driver's details? And why offer a discount (same wording previously wanted £150, now £120).

What would you recommend? Thank you

[mystery1]

Re: MET Parking Ticket - Debt Agency Now involved

Dear Dipshit,

Thank you for your email/letter of xx/xx/14 the contents of which are noted. As i was not the driver and you have a name and address for the driver, keeper liability does not apply pursuant to the Protection of freedoms act 2012 schedule 4 section 5 (1) (b).

Please contact the driver with any queries you may have.

Should you or your client continue to harass me i will seek retribution via the county courts and draw your attention to Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).

Yours etc

M1

[aami.mas]

Re: MET Parking Ticket - Debt Agency Now involved

Debt agency is now sending the letters (same as 4th specimen above) to driver's address. Value demanded varies from £120 to £150, threat of county court action still present. They should have re-issued the parking ticket notice from the start (since the driver has not received the actual charge details) and given chance to appeal but they haven't - all comms are from Debt firm.

Neither MET nor Debt firm have not responded to the letter above (telling them to stop pestering the keeper) but comms to keeper have stopped. Any action we should take?

[mystery1]

Re: MET Parking Ticket - Debt Agency Now involved

Dear Sirs,

I have been recently named by the registered keeper as the driver of vehicle xxxxxx on xxxx at xxxxx. I note that you are sending letters as/from a debt collection agency. I note from the BPA code of practice that

"21.9 It is the driver’s responsibility to pay the parking chargenotice. If you receive information from the keeper which
identifies the driver, and the driver is someone else, you
must serve the parking charge notice by post on the
driver.
21.10 Parking charge notices served by post must offer the
same payment discount arrangements as tickets placed
on vehicles, while allowing extra time for the postal
service."

I have never been sent a parking charge notice, as required, for this parking event as i must be to comply with the code of practice. I wish to appeal the charge as is my right. Please supply a relevant parking charge notice and abstain from debt collection threats and further punitive charges.

Yours etc

M1

[aami.mas]

Re: MET Parking Ticket - Debt Agency Now involved

Hi again
I received another letter, this time from 'Zenith collection services'. Funnily enough the address is the same as that for Debt Recovery Plus Limited. They are prepared to accept a discounted sum of £80. Should I reply, or ignore?

[Kati]

Re: MET Parking Ticket - Debt Agency Now involved

Hi again
I received another letter, this time from 'Zenith collection services'. Funnily enough the address is the same as that for Debt Recovery Plus Limited. They are prepared to accept a discounted sum of £80. Should I reply, or ignore?

Are they chasing you as the registered keeper, or as the driver? As you said ... after naming the driver, they should have been given a chance to appeal after being named by the keeper.

You could try sending Zenith the same email M1 suggested in post #9?

[aami.mas]

Re: MET Parking Ticket - Debt Agency Now involved

They are chasing me as driver. They didn't give me a chance to appeal, they just resumed threats through the debt agency at the new name/ address. Will send same message again...

Thanks

[Kati]

Re: MET Parking Ticket - Debt Agency Now involved

Oh ... and Zenith Recovery is a 'trading name' of Debt Recovery Plus, so you might want to contact DRP with a complaint too (in regards their passing on the debt to one of their other collection teams while it's in dispute)