Hi all,
i am writing in here for comfort and advice. I think that I know what my next steps are. write an application for set aside CCJ and work with Civil enforcement to cancel all the PCNs their ANPR issued on the road leading to my complex.
On more reason to write in here is to build a better understanding of people have done in similar circumstances
so, the context is - I have moved address, changed my driving license address but forgot to change my V5 address.
the timeline.
1. Feb 2020 - I have received a debt collection letter from Debt Recovery Plus. they have had several attempts to make contact with me, failing to reach me they have used a tracing service, located my new address and sent the letter asking for a payment of a PCN I obviously knew nothing about.
2. Called them, contested, they did not agree with my appeal, asked data subject request.
3. the PCN was issued by a neighboring pub ANPR managed by Civil Enforcement LTD. went on to discuss with the manager, he realized the mistake straight away and asked the Creative Car park LTD to cancel the PCN as the ANPR triggered a log without me being park there but driving next to their parking lot on the way to/ from home. they said that its too late to cancel it as it has been escalated to debt recovery. and gave me a phone number and email address to write them to discuss. Wrote, phoned, no one bothered to reply. I have submitted 2 years ago data access request to the pub, creative car park, debt recovery plus, providing them with my old address, new address, car park number and wanted to understand what information they hold about any of my assets and myself. Only debt recovery plus came back. (Creative Car park LTD is a related company with Civil enforcement LTD. one sells installs system the other one enforces PCNs)
4. so kept sending emails, telling them i am not going away and at one moment i have stopped as i really thought it went away. i was resting reassured that if they will take this to the next level, take me to court I have evidence from the pub manager in writing that he has asked the Creative car park to cancel incorrectly issued PCNs
5. 21st March 2022 two days ago I receive a notice of debt recovery from DCBL asking for a payment of 295 for a CCJ that has been defaulted in December 2020 and i have had no communication about.
6. tried to contact DCBL i was sent to a webchat that got stuck impossible to speak to a human
7. went to Debt Recovery plus - they do not have any details about the case anymore
8. contacted Civil enforcement LTD - to find out that they still have my old address in their system . this is after i have made aware the sister company via the pub, via direct email of my old and new address, after i have updated my details on DVLA on March 2020 AND after the company they have instructed to chase the debt initially, managed to successfully trace me.
9. I have challenged Civil enforcement LTD to tell me if, as per the "In circumstances where we have not received any response from you to our PCN or debt recovery correspondence and in line with the latest BPA Code of Practice, we will undertake a trace to confirm that you are still at the address provided to us by the DVLA before we issue a county court claim against you." they have made the attempt to trace me or if they have used any previous chances to acknowledge the change in address, and they kept on saying we get the details from DVLA.
It turns out that there are several PCNs from the same pub, same time frame, it stopped after I went to the pub and let the manager know that i live next door and have undercroft parking space (Feb2020)
10. I am now waiting for Civil Enforcement LTD to provide me with the list of 6-7 other PCNs that have not yet made it to CCJ
So. My plan is to file a application to set aside. I have
1. written evidence of the pub requesting the Creative Car Park to cancel PCN
2. written evidence of Debt Recovery plus updating their system with my new address
3. written evidence that i have shared my new address to Creative Car park Ltd
4. Evidence that not enough due diligence has been done, as per the code of practice, to trace the address. in March 2020 Debt recovery plus successfully traced me and have updated my details to DVLA March 2020
it seems for now that who I am speaking to at Civil enforcement LTD - (again Creative car park installs/ maintain systems - sister company to Civil Enforcement) it seems to have taking more of a leading / helping role trying to stop all the other PCNs - I shall see about that - i am guessing once I have the set aside decision I would not have to pay the 295 on the DCBL letter.
have a good read everyone and please let me know if i am too optimistic about how I think things will turn out.
thank you,
George
i am writing in here for comfort and advice. I think that I know what my next steps are. write an application for set aside CCJ and work with Civil enforcement to cancel all the PCNs their ANPR issued on the road leading to my complex.
On more reason to write in here is to build a better understanding of people have done in similar circumstances
so, the context is - I have moved address, changed my driving license address but forgot to change my V5 address.
the timeline.
1. Feb 2020 - I have received a debt collection letter from Debt Recovery Plus. they have had several attempts to make contact with me, failing to reach me they have used a tracing service, located my new address and sent the letter asking for a payment of a PCN I obviously knew nothing about.
2. Called them, contested, they did not agree with my appeal, asked data subject request.
3. the PCN was issued by a neighboring pub ANPR managed by Civil Enforcement LTD. went on to discuss with the manager, he realized the mistake straight away and asked the Creative Car park LTD to cancel the PCN as the ANPR triggered a log without me being park there but driving next to their parking lot on the way to/ from home. they said that its too late to cancel it as it has been escalated to debt recovery. and gave me a phone number and email address to write them to discuss. Wrote, phoned, no one bothered to reply. I have submitted 2 years ago data access request to the pub, creative car park, debt recovery plus, providing them with my old address, new address, car park number and wanted to understand what information they hold about any of my assets and myself. Only debt recovery plus came back. (Creative Car park LTD is a related company with Civil enforcement LTD. one sells installs system the other one enforces PCNs)
4. so kept sending emails, telling them i am not going away and at one moment i have stopped as i really thought it went away. i was resting reassured that if they will take this to the next level, take me to court I have evidence from the pub manager in writing that he has asked the Creative car park to cancel incorrectly issued PCNs
5. 21st March 2022 two days ago I receive a notice of debt recovery from DCBL asking for a payment of 295 for a CCJ that has been defaulted in December 2020 and i have had no communication about.
6. tried to contact DCBL i was sent to a webchat that got stuck impossible to speak to a human
7. went to Debt Recovery plus - they do not have any details about the case anymore
8. contacted Civil enforcement LTD - to find out that they still have my old address in their system . this is after i have made aware the sister company via the pub, via direct email of my old and new address, after i have updated my details on DVLA on March 2020 AND after the company they have instructed to chase the debt initially, managed to successfully trace me.
9. I have challenged Civil enforcement LTD to tell me if, as per the "In circumstances where we have not received any response from you to our PCN or debt recovery correspondence and in line with the latest BPA Code of Practice, we will undertake a trace to confirm that you are still at the address provided to us by the DVLA before we issue a county court claim against you." they have made the attempt to trace me or if they have used any previous chances to acknowledge the change in address, and they kept on saying we get the details from DVLA.
It turns out that there are several PCNs from the same pub, same time frame, it stopped after I went to the pub and let the manager know that i live next door and have undercroft parking space (Feb2020)
10. I am now waiting for Civil Enforcement LTD to provide me with the list of 6-7 other PCNs that have not yet made it to CCJ
So. My plan is to file a application to set aside. I have
1. written evidence of the pub requesting the Creative Car Park to cancel PCN
2. written evidence of Debt Recovery plus updating their system with my new address
3. written evidence that i have shared my new address to Creative Car park Ltd
4. Evidence that not enough due diligence has been done, as per the code of practice, to trace the address. in March 2020 Debt recovery plus successfully traced me and have updated my details to DVLA March 2020
it seems for now that who I am speaking to at Civil enforcement LTD - (again Creative car park installs/ maintain systems - sister company to Civil Enforcement) it seems to have taking more of a leading / helping role trying to stop all the other PCNs - I shall see about that - i am guessing once I have the set aside decision I would not have to pay the 295 on the DCBL letter.
have a good read everyone and please let me know if i am too optimistic about how I think things will turn out.
thank you,
George