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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice.
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I received a parking ticket in may this year and I

Resolved Question:

Hello, I received a parking ticket in may this year and I was advised on not to pay this as this is not enforceable. Now I have received a letter from a debt collection company Debt Recovery Plus? What should I do now?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
What are you hoping to achieve?
Obviously there is no way of preventing them writing to you.
Customer: replied 2 years ago.
Thought debt collection can only be attained by the court. coming to your door etc.
Expert:  Jo C. replied 2 years ago.
I'm not sure what you mean?
Customer: replied 2 years ago.
I thought parking companies can only obtain debt collection companies through the court foe them to come to the door also?
Expert:  Jo C. replied 2 years ago.
Nobody has come to the door without a CCJ?
Customer: replied 2 years ago.
so what do I do then?
Customer: replied 2 years ago.
debt collector guy was at the door earlier today?
Customer: replied 2 years ago.
should I pay?
Expert:  Jo C. replied 2 years ago.
How do you know he was at the door?
Did you speak to him?
Customer: replied 2 years ago.
yes, they had i.d for debt recovery plus ltd
Expert:  Jo C. replied 2 years ago.
Is there a CCJ against you?
Customer: replied 2 years ago.
they never said. I said the person you want to speak to is not here at the moment. I t was regarding the parking ticket.
Expert:  Jo C. replied 2 years ago.
You need to get to the bottom of that.
Without a CCJ they should not be sending people to your door.
That is unless this was a council fine which could have gone to bailiffs but even that should have been through the Adjudication system and you should have received notifications.
You can find out here
http://www.trustonline.org.uk/
although there is a small fee.
If there is a CCJ then you will need to deal with that.
If this is not then you should be complaining to their professional regulators as they should not be sending anybody to visit.
If you find out then I would be able to offer more.
Customer: replied 2 years ago.
do you think it is a ccj or basiliffs?
Expert:  Jo C. replied 2 years ago.
Well, I don't have any way of knowing who it was.
It might be completely unconnected.
The issue is whether they have a CCJ. Private land companies do things that leave themselves open to criticism but I have never heard of them acting without a CCJ.
Customer: replied 2 years ago.
can they get one regarding this?
Expert:  Jo C. replied 2 years ago.
Yes, they could.
But they would have to notify you and they would have to get over the hurdles I've mentioned on your original post.
Customer: replied 2 years ago.
they need to write to you first to say they have applied to the court for a ccj
Expert:  Jo C. replied 2 years ago.
No, but they do. They send lots of threatening correspondence first.
Also, the court needs to send you a summons and you would have had the option of disputing the claim.
Customer: replied 2 years ago.
at that point debt collectors will come and that that point being summoned by the court. you can pay and not get an ccj
Expert:  Jo C. replied 2 years ago.
Sorry?
Customer: replied 2 years ago.
what do I say for the dispute?
Expert:  Jo C. replied 2 years ago.
I'm really sorry but I;m not sure what you mean?
Customer: replied 2 years ago.
if this does go to court for the dispute. How would I approach this ?
Expert:  Jo C. replied 2 years ago.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Customer: replied 2 years ago.
What if they do sue? On the debt collection company website. They had people taken to court regarding ccj. The site is debt recovery plus.
Expert:  Jo C. replied 2 years ago.
Oh yes, they do very occasionally. If they do you pursje the steps I mentioned above. I am happy to continue with this but please rate my answer.
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