parking ticket - from 3 years ago

[jimmy156]

Hi all,

After a bit of advice.

We were on holiday in the south west in 2022 and overstayed out welcome in a couple of ANPR controlled car parks. We dealt with these at the time, either sucessfully appealing or paying the fine.

Fast foward to 2025 and I get a letter from a debt recover company claiming an unpaid parking fine from the same period for a separate issue. We never receievd either the intial notce from the parking company or any follow up from a debt recovery company. This letter in 2025 was the first we heard of it. Although they say that they have proof of postage.

It transpires that we overstayed our ticket in an ANPR controlled car park by about 7 minutes. This was when ANPR clocked us leaving the car park. From memory there is supposed to be a 10 min grace?

The debt recovery company state that (obvisouly) we have missed our chance to appeal and our only opportunity to do this now would be at county court. So I have two questions really.

1. What are the chances they actually take us to court
2. If we do have our day in court, will having a valid ticket for all but the final 7 minutes of our multi hour long stay be reason to over turn at this stage.

Thanks in advance!

[Simpo Two]

jimmy156 said:

We were on holiday in the south west in 2022 and overstayed out welcome in a couple of ANPR controlled car parks. We dealt with these at the time, either sucessfully appealing or paying the fine.

Can you prove these?

[jimmy156]

Yes, in that I can access the result of the POPLA appeal, and I can see a payment to the parking company that would be the charge for the fine on my credit card statement.

[bad company]

After that time I wouldn’t even respond to them. Chances are they might send another letter or two, then they’ll shut up.

[carl_w]

jimmy156 said:

Yes, in that I can access the result of the POPLA appeal, and I can see a payment to the parking company that would be the charge for the fine on my credit card statement.

So you've paid the fine already? Why are they chasing you then?

[carl_w]

I would ignore the debt collectors and go back to the people who originally sent the ticket with evidence that it was resolved (cancelled/paid) and ask them to cancel the debt collection action.

Have you moved house since the ticket was issued? Often if the (postal) mail bounces they'll go straight to a debt collection agency as they have ways and means of finding out your address.

[outnumbered]

carl_w said:

jimmy156 said:

Yes, in that I can access the result of the POPLA appeal, and I can see a payment to the parking company that would be the charge for the fine on my credit card statement.

So you've paid the fine already? Why are they chasing you then?

It's a separate ticket from the ones he's already settled.

[carl_w]

outnumbered said:

It's a separate ticket from the ones he's already settled.

Ah.

In that case best to ignore all the threats from the debt collection agencies and their fake lawyers until you get an actual letter before action. This is likely to be several years from now.

https://forums.moneysavingexpert.com/discussion/co... is a great help, I had one go through the court process, filing a defence, mediation, court date and then the parking company pulled out the day before they had to pay the court filing fee.

[LuS1fer]

My mother had one a couple of years ago, from 2016. I used " the internet" and cut and pasted a long and bamboozling defence, adding in the prejudice of time on ascertaining facts. They eventually folded before it got to court.

[Mrr T]

Since you say this is the first you have heard of this you can ignore. Keeper liability has long expired. However, can I suggest you respond by mail, recorded delivery. Say you dispute the debt and request the details of how the alleged debt arose. Highly unlikely they will respond.

[WrekinCrew]

Mrr T said:

...Keeper liability has long expired...

I thought they had six years to claim. However most PCNs are not POFA compliant so they can only chase the driver, not the keeper.

[Mrr T]

WrekinCrew said:

Mrr T said:

...Keeper liability has long expired...

I thought they had six years to claim. However most PCNs are not POFA compliant so they can only chase the driver, not the keeper.

A claim under POFA against the keeper must be made within 14 days. The potential for a claim against the driver lasts 6 years.

[WrekinCrew]

Mrr T said:

WrekinCrew said:

Mrr T said:

...Keeper liability has long expired...

I thought they had six years to claim. However most PCNs are not POFA compliant so they can only chase the driver, not the keeper.

A claim under POFA against the keeper must be made within 14 days. The potential for a claim against the driver lasts 6 years.

True but they will no doubt claim they posted it in time, it's deemed served (Interpretations Act) and you can't prove it didn't arrive.

[carl_w]

WrekinCrew said:

True but they will no doubt claim they posted it in time, it's deemed served (Interpretations Act) and you can't prove it didn't arrive.

The last one I successfully appealed, the date of issue on the notice itself was more than 14 days after the date of the event (also on the notice). They could automate this but I assume they send their speculative invoice on the basis that many people will cough up.

[jimmy156]

So we went back to the debt collection company after they sent through the details they held.

registered keeper (and the person the letter is addressed too) is 100% not the driver (they are in the passenger seat) and the driver is obscured in the image.

Also looks like it was an overstay of around 7 mins. If we had been contacted about this at the time, we would have been able to successfully appeal, but as mentioned we never received the initial fine.

We went back to the debt collection company by email to tell them this.

We have now received a letter from a separate firm of solicitors saying that they are acting on behalf of the original parking company. Is this normal practice. They are still chasing the same fine that the debt collection agency were trying to impose.

[carl_w]

jimmy156 said:

We have now received a letter from a separate firm of solicitors saying that they are acting on behalf of the original parking company. Is this normal practice. They are still chasing the same fine that the debt collection agency were trying to impose.

Have you checked the addresses of the "solicitors" and the debt collection agency? You will frequently find they are the same.

There is no point in engaging with the debt collectors, they have no power to cancel the ticket. You either need to get it cancelled at source or wait until you get correspondence from the court (National Business Centre in Northampton).

[Sir Bagalot]

jimmy156 said:

We have now received a letter from a separate firm of solicitors saying that they are acting on behalf of the original parking company. Is this normal practice. They are still chasing the same fine that the debt collection agency were trying to impose.

Gladstones by any chance?

The courts allow a 10 min overstay.

Personally I'd email the solicitors, CCing the parking firm, pointing this out. Ask for it to be cancelled or you will see them in court.

Then ignore until you get a letter before action

[Red Devil]

carl_w said:

outnumbered said:

It's a separate ticket from the ones he's already settled.

Ah.

In that case best to ignore all the threats from the debt collection agencies and their fake lawyers until you get an actual letter before action. This is likely to be several years from now.

https://forums.moneysavingexpert.com/discussion/co... is a great help I had one go through the court process, filing a defence, mediation, court date and then the parking company pulled out the day before they had to pay the court filing fee.

^^This^^. The MSE forum is an excellent resourece.

[jimmy156]

The most recent letter says “letter before claim” I believe, the one from the solicitor as opposed to the debt collection agency. I assume this is a made up thing and not the same as a letter before action?

[Red Devil]

jimmy156 said:

The most recent letter says letter before claim I believe, the one from the solicitor as opposed to the debt collection agency. I assume this is a made up thing and not the same as a letter before action?

You know that saying about assume.

Letter Before Claim (LBC) and Letter Before Action (LBA) are generally interchangeable terms for a formal, final warning letter sent before initiating court proceedings. They both serve to outline the claim, demand payment or resolution, and comply with the pre-action protocols of the Civil Procedure Rules (CPR).

The MSE forum folk know their stuff. You'll get far more and better targeted information there than.on here.