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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71254
Experience:  Over 5 years in practice.
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My wife has just opened a letter from DRP who are seeking a

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My wife has just opened a letter from DRP who are seeking a fee of £135 for a non paid PCN which is the first we knew until we searched our recycling where we dump the junk mail where we found 2 letters from Euro Car Parks for overstaying after the retail park closed. Should she do anything or continue to treat it all as junk mail. We cannot rememebr who was actually driving and want to be clear on the legal position.
Assistant: Where are you located? It matters because laws vary by location.
Customer: We live in Surrey Nr Horsham and the supposed offence was in Kew Retail park
Assistant: Has anything been filed or reported?
Customer: We have taken no action but see the date for response to DRP is tomorrow.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I juts would like to know if the law has changed as all the online 'ignore' guidance appears to be 2017

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Are you willing to risk being sued?

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 6 days ago.
Only if we could settle at the last minute out of court
Customer: replied 6 days ago.
Hi Jo, sorry not to be able to take your call. We would like to know what our options are as my wife is now very concerned and would not wish to go to court.
Customer: replied 6 days ago.
Hi I am just checking how this will continue, do i await a call or conti nue through mail?.
Customer: replied 6 days ago.
Hi all seems to have gone quiet can you clarify how this will conversation will proceed please

Hi.

I can call now? But are you aware that it increases the cost?

Or I can carry on online.

Customer: replied 6 days ago.
Hi we can continue on line

Yes, no problem.

If you settle out of court the sum will be greater. Still happy?

Customer: replied 6 days ago.
Are you saying it will go to court?
Customer: replied 6 days ago.
Sorry one other point my wife is the registered keeper but we are not sure who was driving that day. Does this make a difference?

Would it be possible to tell me whether you are prepared to risk it going to court? That would include paying in full if it does.?

It will change everything so I really need to know whether you can risk that.

Customer: replied 6 days ago.
My wife does not wish to go to court.

Ok. Give me 10 mins to type up answer.

Ok. This really depends on how much risk you want to take.

Overall, it's not very cost-effective for them to sue and so it is worth contesting this if you are prepared to run the risk.

The identity of the driver is a non issue. If you didn't name the driver within 28 days of receiving the PCN then the registered keeper is the liable person.

Whether there is a positive defence or not really depends on your account and the nature of the PCN.

But you can always try to put them to proof upon the adequacy of signs etc.

Can I clarify anything for you?

Customer: replied 6 days ago.
Do I have to put a defense in now or continue to ignore and hope they do not push to sue?
Customer: replied 6 days ago.
Hi the just answer site is saying that I have booked a call with you but don’t recall doing this could you ensure this is not charged. Many thanks

No. no. Just ignore them.

This is just a debt collection letter. That is nothing to worry about per se. You will get several more of those.

Unless you get a court summons it is nothing to worry about.

Customer: replied 5 days ago.
Hi jo
So to summarise:
It is unlikley that this will go to court as it is not cost effective for them to do so.
You believe i should ignore the debt collection letters.
I should not enter into dialogue with either them or Euro Parks
Ignore everything unless it is a court summons at which point i would have the option to settle rather than attend court but this may be more expensive.
I will get several more letters from the debt collection agency. (How may more before i can assume it has come to an end?)
Thnakyou for your advice

You can't really presume that it has come to an end.

Usually they don't sue after the passing of a few years.

Otherwise yes.