Smart Parking PCN Earl Haig Hounslow 28/2/2020

[Funkerelick]

Hi All Hope you are all doing well in these uncertain times.
I'm seeking some well needed help in regards to an issue with a parking charge notice I got a while back.
In all honesty I should have joined this forum awhile ago but I've had my head in the sand where this charge is concerned and was quite suprised to get it since I didnt actually choose to park in car park in the end.
I have tried to call to get this ticket quashed but no one is answering the phones at the moment due to the covid 19 sittuatuon.
The back story is intended to park in the car park but for some reason another the machine wouldnt accept the change that I put in the machine so I after a lot of dilbertation (on a very rainy day) with an ex partner as to weather we could find an alternative way to pay I decided to park in the Car Iceland next to it which was also cheaper.
It seems I went 3 mins over the grace period which I think is very unfair as I didnt actually decided to use this car park in the end.
Any help I could get towards this would be greatly appreciated as it now in the hands of the bailifs.
Thank you for you for your time.

[ostell]

First of all edit so that the identity of the driver cannot be inferred, use "the driver ....." etc. The driver parked, you as the registered keeper, are handling it now.

Do not phone, you could let slip info that helps them and not you.

DRP are not bailiffs, they are mere debt collectors and can do nothing except annoy you so ignore.**

I can't read the text on the PCN so could you post it up again using more definition and redact the PCN number.* Use a hosting site such as IMGUR and put the link on here.

Your response to SMART should have been:



Dear Sirs,
*
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx
*
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act.* You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
*
There is no legal requirement to name the driver at the time and I will not be doing so.
*
Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.
*
Yours etc


The alleged breach was on the 28/02, the letter is dated 12/03, a Thursday.* The letter is assumed delivered 2 working days later which is Monday 16/03 and they have therefore failed to deliver within 14 days.

You could try sending tha appeal to SMART now and see what happens, they might just accept it.* If they reject then hopefully you will get a POPLA number and when you appeal to POPLA you should win with all the other POFA fails.* Which is why a readable NTK is required.**

[Funkerelick]

Hey Ostell Thank you so much for your help. I really do apprieciate you taking the time to respond.
Here is a better image of the PCN so you can have a look at the text in full https://imgur.com/tlbkVRJ

I will make a start on the letter in the morning and let me know how I get on. In the meantime. If there is any other forsight you maybe able to add to this feel free impart your vauable knowledge.https://imgur.com/tlbkVRJhttps://imgur.com/tlbkVRJhttps://imgur.com/tlbkVRJ

[Funkerelick]

Hi Ostel/All I have received this from Smart Parking

Dear ______


Parking Charge Notice: TC57259310
Thank you for your recent communication.
As per the British Parking Association Code of Practice (paragraph 23.7), all appeals must be submitted to us within 28 days of the Notice to Keeper being issued. Due to the length of time your PCN has been open, we have now referred this to a debt recovery company (Debt Recovery Plus) who are handling the matter on our behalf. Please contact them directly if you wish to discuss this further.
Debt Recovery Plus: 0208 234 6775 or 0141 301 2355
Yours Sincerely
Smart Parking Limited
Smart Parking Ltd also trading as Town and City Parking, registered in Scotland (SC138255), 5 South Inch Business Centre, Shore Road, Perth, PH2 8BW
www.smartparking.com


I Have also recieved another letter from Debt recovery Plus https://imgur.com/a/M5E5n4b



As you can see I havent been given a POPLA number. What should be my next course of action?

Thank you for your help.

[ostell]

One last letter to Smart pointing out that you, as the keeper, have no liability in this matter because they failed to comply with the requirements of POFA and continued contact from them and their agents is causing distress.* Their Code of Practise is not law.* Suggest they look at Ferguson v Britisg Gas.

Ignore DRP.
*

[Funkerelick]

One last letter to Smart pointing out that you, as the keeper, have no liability in this matter because they failed to comply with the requirements of POFA and continued contact from them and their agents is causing distress. Their Code of Practise is not law. Suggest they look at Ferguson v Britisg Gas.

Ignore DRP.

Cheers Ostell.

You're a legend!
*

[Funkerelick]

Hi Ostel/All I have received this from Smart Parking

Dear ______


Parking Charge Notice: TC57259310
Thank you for your recent communication.
As per the British Parking Association Code of Practice (paragraph 23.7), all appeals must be submitted to us within 28 days of the Notice to Keeper being issued. Due to the length of time your PCN has been open, we have now referred this to a debt recovery company (Debt Recovery Plus) who are handling the matter on our behalf. Please contact them directly if you wish to discuss this further.
Debt Recovery Plus: 0208 234 6775 or 0141 301 2355
Yours Sincerely
Smart Parking Limited
Smart Parking Ltd also trading as Town and City Parking, registered in Scotland (SC138255), 5 South Inch Business Centre, Shore Road, Perth, PH2 8BW
www.smartparking.com


I Have also recieved another letter from Debt recovery Plus https://imgur.com/a/M5E5n4b



As you can see I havent been given a POPLA number. What should be my next course of action?

Thank you for your help.

Hi Ostell/All

Hope all is well.



It seems this fine has been turned over to a new Debt collection agency. Any ideas of what my next steps should be? https://imgur.com/vtLpTv5


Cheers


Funkerelick

[ostell]

Very carefully read the third line from the bottom in the letter, in the footing. Surprised? It's the next desk in the DRP office

Steps are same as before