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On 1st Aug I overstayed a pay and display car park by 5mins they sent pic with time on! (Smart Parking Ltd) I got a PCN in post 17/09/15. I ignored it but now I have a debt recovery letter for £ 170 which I cant afford to pay. It says I will also get judicial expenses on top! I have an excellent credit record so am scared this will affect my record if I dont pay up. I thought law says u are allowed 5mins grace to get in car and out car park? Any advice would be appreciated.
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Re: Advice on PCN - photo evidence of me leaving 5mins late
The debt recovery company can't take you to court. They don't want to either as they will not be paid, they are just trying to frighten you into paying. Expenses in small claims are limited. If Smart are members of the BPA they are supposed to give you 10 minutes grace. You weren't parked for that amount of time, you were driving from your parking space to the exit, where you were photographed. First of all post up a copy of the PCN you received, after removing personal details, and see if it was indeed valid enough to make you liable at all.
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Re: Advice on PCN - photo evidence of me leaving 5mins late
Personally i'd ignore, and file, all bar court papers or a genuine letter before action. You are to late to appeal as they won't accept the new ADR.
Do not tell them who was driving as it appears they have failed to do what they need to in order to hold the keeper liable and any efforts to deal with the driver would struggle as they don't know who that is unless you tell them.
M1Comment
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Re: Advice on PCN - photo evidence of me leaving 5mins late
I am surprised they wrote to me as my car is registered under work name/address. I will ignore it but what shall I do if they do take it to court? also can debt recovery agencies use bailiffs ? I dread a knock on the door as never owed money but as post above said I am driving in and out in pic so I dont accept I was over the time as its exactly 5min 20secs in pic. (im not sure how to load up a pic of the notice) . Thanks for the adviceComment
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Re: Advice on PCN - photo evidence of me leaving 5mins late
Defend it based on no keeper liability and anything from the Beavis result on Wednesday.what shall I do if they do take it to court?
If there is a court order yes. If not, no.debt recovery agencies use bailiffs ?
They don't do knocking on doors. It's costly and they run a letter campaign designed to frighten people in to paying which is cheap.I dread a knock on the door as never owed money
M1Comment
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Re: Advice on PCN - photo evidence of me leaving 5mins late
Ok thanks. Will wait and see what they do.Comment
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Re: Advice on PCN - photo evidence of me leaving 5mins late
oh no. notice of intended court action received now from DRP ( debt recovery plus) Have to pay £160 by 19th Nov. They have a link on letter to all the court judgments they have obtained. Shall I go to court and argue the 5min thing as I was driving in/out during those 5mins.Comment
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Re: Advice on PCN - photo evidence of me leaving 5mins late
File it. DRP cannot take you o court as they do not own the "debt". It's nothing more than a letter designed to intimidate you in to parting with money.
M1Comment
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Re: Advice on PCN - photo evidence of me leaving 5mins late
ok. I will take your advice. Thank You.Comment
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