Unfair, Or Is It?
Hi everyone, would like to know what your views on this are please.
My brother received a letter from a debt enforcement agency last week dated 26th May 17, demanding payment for a parking fine from 6th December 2013!!.
It was delivered by the postman on Thursday 8th June 17 demanding that £99 fine be paid no later than Friday, 9th June 17 (next day!!).
They were acting for the Creditor, UK Parking Control Ltd, who control parking at Meole Brace Retail Park, Shrewsbury.
My brother was shocked to receive the letter as he had no recollection of the offence, but later on in the day he suddenly remembered.
On the 6th December 2013, he had taken my late SIL who was terminally ill, shopping in their disabled vehicle to do a little Christmas shopping. He found a space in a Disabled Parking Bay
He recalled that he parked up, opened the side door, lowered the ramp to get her out in her wheelchair and at the same time reached across to the driver’s side, opened the glove compartment, took the Blue Badge out, turned the arrow to the time, made sure it was in full view and the correct way up, and then closed the door. After checking my SIL was okay, he raised the ramp and locked all the doors before pushing my SIL in her wheelchair to the shop that she wished to go in.
When they returned 20 minutes later, he was shocked to see a Parking Warden putting a ticket on the windscreen. When he asked him why, the Warden said “You’re Blue Badge is out of date”. My brother said “It can’t possibly be, I only received the replacement two days ago!” and looked at the Blue Badge on the ledge. He had only picked up the expired one out of the glove compartment instead of the new one that he had been issued. Of course. he apologised profusely to the Warden and showed him the new Blue Badge. He asked him if he could please cancel the ticket as it was a genuine mistake made in his haste to assist my SIL with the ramp and the wheelchair. The Warden said “No, once issued it cannot be cancelled, but don’t worry about it, write to UK Parking Control Ltd and explain that it was a genuine mistake and they will cancel it”.
My brother wrote them a letter as soon as he got home, explaining everything and included a photocopy of the new Blue Badge that he had in the vehicle He appealed to them to please cancel the parking fine as it was a genuine mistake. He sent the letter by recorded delivery.
He heard nothing back from them, my SIL happily saw the Christmas that she wanted and we lost her early in 2014. My brother stayed in their home for over 6 months before deciding to move to a smaller property. He paid for any mail to be redirected to his new address but all that time he never once had a response from UKPC Ltd and in his grief he said he never once thought about it. In fact, he admitted it had gone completely from his mind until he received the Debt Agency’s letter on 8th June 17 - 4 years later.
Now the dilemma is that I have been reading online about what to do when one receives a letter from a debt agency. Apparently they have no rights as such. Unlike Bailiffs or Court Sheriffs. All they can do is demand payment by letter, phone or call at your door. (not usual for a parking ticket) they get a commission on every payment they receive but that is as far as they are allowed to go.
It suggests that one should go direct to the Creditor appeals and hope for the best.
The problem is that it was 4 years ago and he hasn’t even got a copy of the Blue Badge for that period,or any evidence now. He has written to them appealing for them to cancel the fine but feels that everything seems to be against him after all this time has lapsed
What do you think his chances are? Is he guilty or not guilty?
Your views would be appreciated please.