If you have opened a letter from a company like DRP, Trace, or Zenith Collections regarding a private parking ticket, your first instinct is likely panic.
These letters often use bold red text, mentions of “County Court Judgments,” and escalating fees. However, it is vital to understand that in England and Wales, a debt collector is not a bailiff.
Debt Collectors vs. Bailiffs: Know the Difference
A private parking debt collector has no legal power to enter your home, seize your property, or “clamp” your car. They are essentially a “chasing” service hired by parking companies. They cannot legally enforce a debt without a court order.
A Bailiff (Enforcement Agent), on the other hand, can only be appointed after a case has gone to the County Court, a Judge has ruled against you, and you have failed to pay the County Court Judgment (CCJ) within 30 days.
Why You Might Not Have to Pay
Before you reach for your wallet, check these three things:
- The 14-Day Rule: Under the Protection of Freedoms Act (POFA) 2012, if the parking company did not serve the Notice to Keeper within 14 days of the parking event, they may lose the right to claim the debt from the registered keeper.
- AOS Membership: Is the parking firm a member of the British Parking Association (BPA) or the International Parking Community (IPC)? If not, they shouldn’t even have your data from the DVLA.
- The “Double Recovery” Rule: Debt collectors often add a £60-£70 “admin fee.” Many judges in the County Court now throw these out, calling them “double recovery.”
What Should You Do Now?
If you receive a letter, do not ignore it entirely, as this can lead to a court claim. Instead, send a “Debt in Dispute” letter. State that you are seeking legal advice or using an appeal service and that all collection activity must be put on hold.