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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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I have received a Debt Recovery letter from Debt Recovery Plus

Customer Question

I have received a Debt Recovery letter from Debt Recovery Plus Ltd. via Royal Mail Redirect because of a Parking Charge Notice for marginally overstaying in a car park last October sent to my previous address even though my driving licence is registered to the correct address and has been since last July. Strangely, I did not receive the original charge notice sent to the wrong address by redirect.
Submitted: 10 months ago.
Category: Traffic Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
From what you have said - it doesn't sound like a Court Order has yet been obtained. Does the letter say that Debt Recovery plus are acting on behalf of the parking company?
Kind Regards
Caroline
Customer: replied 10 months ago.
Hi Caroline,Yes DRP are acting on behalf of Smart Parking Ltd. Is it valid if SP Ltd. have obviated my right to appeal by using the wrong address in November even though the DVLA have my correct address (as printed on my driving licence) since July.Patrick
Customer: replied 10 months ago.
It's not a court order just a threat of a court order if I don't pay £160 by Tuesday.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Patrick
Thank you for confirming that for me.
As there is no court order currently in place - you do not need to seek to set that aside.
You do however need to utilise Smart Parkings Appeal process - including in the information that you have about the address being incorrect.
You should contact Debt Recovery Plus and tell them that you are going through the Appeal process with Smart Parking. This will stop them contacting you whilst the Appeal goes through.
Kind Regards
Caroline
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Customer: replied 10 months ago.
OK sounds good but the appeal process closes 28 days after the alleged contravention. Can I circumvent the 28 day period based on the address being incorrect?
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Yes - you should contact them and let them know about the error that they made with your address and also provide them with evidence in respect of the error and your correct address.
Kind Regards
Caroline
Expert:  Jo C. replied 10 months ago.
Hello.I'm afraid the answer above is wrong. Have you already appealed? If not, please do not until we have looked at this
Expert:  Jo C. replied 10 months ago.
If you have then what are the grounds?

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