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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1386
Experience:  8 years legal experience
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I have today received a letter from Debt Recovery Plus for

Customer Question

Good evening,
JA: Hello. How can I help?
Customer: I have today received a letter from Debt Recovery Plus for payment of a parking charge that I have contested with the car parking company. The charge has increased to £160. The reason why I have contested the charge is because I had difficulty making payment from the car park and left after 12 minutes after unsuccessfully trying to pay. As soon as I realised that I could not process the payment using my mobile phone and payment machine at the car park I gave up and left.
JA: What state was the citation in? And have you consulted a local attorney?
Customer: I have explained this to both the car parking company and their trade association and my appeal has not been accepted.
JA: Do you need to appear in court?
Customer: I have until 22 October to make arrangements to pay. If not then Debt Recovery Plus say they will recommend their client (car parking company) take court action against me.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nothing
Submitted: 8 days ago.
Category: Law
Expert:  UK Solicitor John replied 8 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Expert:  UK Solicitor John replied 8 days ago.

This is a private land fine and they are members of the British parking association. The normal process is to send your appeal online or by email at day 25 of receiving the ticket. You can also put in a complaint to the landowner about the charges. This can sometimes work.

If rejected you’ll need to appeal to POPLA which is the independent appeals service. You should receive a POPLA verification code with their letter of rejection. The appeal to POPLA must be done within 28 days of receiving any rejection letter.

The important thing is not to be intimidated by any letters received and threats to send it to debt collectors. It is normal to receive these type of intimidating letters so expect them. Their function is to scare you into paying. You should be successful at the POPLA stage.

They have no legal basis to charge you the excess amount as they are merely invoices as opposed to fines. Normally with these private companies, they do have a claim for breach of contract but only to recover monies they have lost and not for excessive amounts.

If all your appeals are rejected, they may issue court proceedings, this is the only way for them to recover the funds. It is unlikely they will as it isn’t cost effective for them to do so, as cost of court proceedings is more than what they can recover but some companies do issue and if this is the case, then you’ll need to ensure you defend the matter.

Given the circumstances you are likely to be successful if they do issue and they would have wasted their time. These claims are defendable with a high success rate. Worse case (and unlikely) scenario is they win at court , and in that event you’ll just be ordered to pay the original charge plus court fees which is about £25. If paid within 28 days it doesn’t appear on your credit file. I would suggest just sending them a nominal sum like £5 or so to cover the charges , if this is accepted they’ll likely leave you alone. But if not, then the process is as above.

I hope this helps. Let me know if you have any further questions.

Customer: replied 8 days ago.
Thank you, ***** ***** already gone done the POPLA route hence the letter from Debt Recovery Plus. If I decide to pay a nominal amount of £5 will this be payable to Debt Recovery Plus? Should this be via internet banking?
Expert:  UK Solicitor John replied 8 days ago.

Understood. The process will be as above. Unfortunately with these companies there is no negotiation, therefore if all your appeals have been rejected your options are to either pay or wait to see if they issue court proceedings and then defend it.
If you pay, then it would be best to send a cheque and mark it “without prejudice” and state it is in full and final settlement. If they cash it, it can be deemed settled.