Debt Sold On Without Proper Written Notice to You

When a parking company sells or hands over your alleged debt to a debt collector or solicitor, they must give you written notice of that transfer. Without that notice, the debt collector has no legal right to take you to court, and any court claim they bring would be flawed. A standard demand letter from a debt collector does not count as proper notice of the transfer.

Legal basis

Law of Property Act 1925 s.136 (legal assignment of choses in action); Holt v Heatherfield Trust Ltd [1942] 2 KB 1

How to identify this in your case

You have received a demand from a debt collection company or solicitor rather than the original parking operator. Request a copy of the formal notice of assignment and the deed of assignment. If none exists, or if notice was never given to you, the assignment may be defective.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

Dear [Debt Collector / Solicitor], Re: Alleged Parking Debt [REFERENCE] I have received a demand from you for an alleged sum relating to a parking charge originally raised by [OPERATOR NAME]. Before I can address this demand, I require you to produce: 1. A copy of the deed of assignment transferring the alleged debt from [OPERATOR] to you 2. Evidence that written notice of the assignment was provided to me as required by the Law of Property Act 1925, section 136 Under s.136, a legal assignment of a debt (a chose in action) requires: (a) assignment in writing, (b) written notice to the debtor. Without both elements, you hold only an equitable interest and cannot sue in your own name without joining the original assignor. If you cannot produce these documents, please confirm that you have no basis to proceed and that this matter is closed. Yours faithfully, [NAME]

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Debt Sold On Without Proper Written Notice to You

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps