DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 27352--------------------------------------------------
UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: June 24, 2024, 6:03 am
---------------------------------------------------------
Hello,
I am reaching out regarding a recent situation that requires
your assistance:
A Notice to Keeper - Final Reminder was issued on 28/05/2024 for
an overstay of 21 minutes at a McDonald's car park on
11/05/2024. Subsequently, a Notice of Debt Recovery from DCBL
was sent on 10/06/2024.
From the middle of May until the beginning of June, the
registered keeper was abroad. Due to unforeseen circumstances,
this notice was missed until now. While this is not intended as
an excuse, we are seeking advice on how to proceed.
The registered keeper is uncertain about who was driving at the
time of the incident.
Your guidance on this matter would be greatly appreciated.
Thank you very much.
Update: here is a link with images
HTML https://imgur.com/a/PHjIY3O.
#Post#: 27363--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: June 24, 2024, 7:57 am
---------------------------------------------------------
Where is the original NtK? What date was that original NtK
issued? Reminders mean sod all. What will be important is the
issue date (not the date of the alleged breach of contract).
The alleged debt becomes overdue 28 days after the PCN is
issued.
#Post#: 27370--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: June 24, 2024, 8:24 am
---------------------------------------------------------
Don't know where the original is, this is what it was in the
post. According to what is written on the reminder, apparently
they sent one out on the 14/05/2024.
#Post#: 27377--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: The Rookie
Date: June 24, 2024, 10:09 am
---------------------------------------------------------
--- Quote from: Maskring link ---
>
> Don't know where the original is, this is what it was in the
post. According to what is written on the reminder, apparently
they sent one out on the 14/05/2024.
>
--- End Quote ---
As that would have arrived before you went away it seems likely
it's 'lost in the post' - check the address on the reminder to
confirm its 100% correct.
#Post#: 27378--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: H C Andersen
Date: June 24, 2024, 10:12 am
---------------------------------------------------------
Then the RK submits a SAR to the creditor parking company,
that's all they can do for now. This will elicit a copy of the
NTK which is the key document at present.
If it's compliant with the legislation then the keeper may be
held liable irrespective of who was driving.
HTML https://www.ukparkingcontrol.com/privacy-policy
#Post#: 27380--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: June 24, 2024, 10:37 am
---------------------------------------------------------
I wouldn't bother with a SAR. It would take too long, assuming
they comply in the first place. It is a typical UKPC/DCB Legal
scenario.
If the original PCN was issued on the 14th May (according to the
reminder it is 14 days since issue) then the driver/keeper had
until 11th June before any recovery action should have been
initiated.
As they have instructed DCBL to add a fake £70 and intiate
recovery on 10th June, they are in breach of their own BPA CoP.
As you are too late to appeal to POPLA, you will have to ride
this out. It will go to a court claim but they will eventually
discontinue if you follow the advice. I'll get back with
whatever breaches of the BPA CoP I can find.
#Post#: 27382--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: H C Andersen
Date: June 24, 2024, 11:37 am
---------------------------------------------------------
Don't follow.
As I read it, the first letter is purely a reminder, which is
permitted under the CoP.
The next letter is quick off the mark but I don't see that it's
necessarily inconsistent with the CoP i.e. the creditor is now
in the undefined 'debt recovery process'.
The RK does not know the date of the NTK, although the reminder
states PCN issued 14 May. This is crucial because the reminder
states that the RK could 'challenge' no later than 28 days from
the date of the RK. This ends on 11 June and the DCBL letter is
dated 10th therefore deemed served on 12th, after the end of the
appeals period which we believe was stated in the RK.
IMO,a SAR is the only way, other than just asking, because there
are no other options available at present other than to pay and
neither the creditor nor the RK are going anywhere so time isn't
really important.
OP, the other option if the RK thinks there might be a defence
against the charge - but how would they know if they don't know
the driver and circumstances - would be for them to put their
thinking cap on, pull it over their eyes and ears and think long
and hard about who was driving.
#Post#: 27390--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: June 24, 2024, 1:09 pm
---------------------------------------------------------
I will place money on this going all the way to a county court
claim, which, if defended using the robust template defence will
end in a discontinuation.
All the OP has to do is ride out the scary but harmless debt
collector letters that are bound to follow and wait for an LoC
either directly from the hideously inept UKPC in-house "legal
dept." or through DCB Legal. Either way, they simply hoping that
the OP is low-hanging fruit on the gullible tree that will cave
in once they see the useless debt collector letters or when an
actual claim is filed.
No-one who comes here or to MSE forums for advice on a UKPC PCN
pays a penny unless they are too gullible or stupid to adhere to
the advice. There is a thread running over on MSE recording well
over 360 discontinuations and more every day.
Whether the OP goes through the motions or not, this will end up
as a county court claim which is the best outcome as we know
that UKPC/DCB Legal will not pay the hearing fee once it gets
that far. They only rely on gullibility/ignorance/panic from
their victim to pay or for it to go to a default CCJ.
Even in the remote chance that this OP were so unfortunate to be
the only person whose claim gets to a hearing, they have a very
good defence. UKPC are not in the habit of going all the way
just to receive the inevitable spanking they usually get in
court. They rely on the fact that over 95% of claims go
unchallenged and end up as default CCJs.
#Post#: 27403--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: H C Andersen
Date: June 24, 2024, 3:40 pm
---------------------------------------------------------
In short OP, this creditor will pursue the keeper but,
experience seems to show, will discontinue before court.
But nonetheless, this is no reason IMO why you should not go
through the regular steps of finding out whether a compliant NTK
was issued in order to ensure you have the full suite of
notices.
I would still submit a SAR.
#Post#: 28275--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: July 2, 2024, 3:48 am
---------------------------------------------------------
Thank you all for reply. It's a lot of wording you are using
here, but this is what I understand given the situation: RK
should ignore all future letters, and just wait to see if they
will send a court hearing letter, correct?
What is SAR and should RK do this step?
Many thanks!
*****************************************************
Page 1 of 4
DIR Next Page