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
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]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Law of Property Act 1925 s.136
- Holt v Heatherfield Trust Ltd [1942] 2 KB 1
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