Smart Parking and Debt Recovery Plus. Help!

[AmandaC23]

Hi there, first of all apologies in advance that similar questions have been asked before but the repeat letters from Debt Recovery Plus are freaking me out a bit so I want to check I’ve definitely understood what I’ve read properly!

I received a parking charge notice from Smart Parking dated 12/09/23 (although it was receive approximated a week after this) relating to a parking charge on 12/08/23 where the vehicle stayed an additional 16 minutes on a 3 hour parking ticket. Due to the time it took to arrive and me being on holiday I missed the opportunity to pay the cheaper rate within 14 days. When I looked online I stumbled upon various forums saying not pay it as it needs to be issued within a certain number of days and this was over that time period at 31 days. I appealed stating this and took a screen shot of the confirmation it had been received but then received no notification of the appeal outcome. I have since received multiple letters from Debt Recovery Plus pursuing me for the ‘fine’.

Am I right in thinking that they had to contact me within a set number of days? I’ve read both 14 and 28 days so I’m unsure which, if any, applies in my case. Is it worth me contacting Smart Parking to ask for the outcome of my appeal? I was originally planning on just ignoring both Smart Parking (seeing as I appealed and they didn’t bother to let me know the outcome) and Debt Recovery Plus as I understand they have no weight but I’m unsure if that’s the right thing to do now. I’ve also read about appealing to POPLA so I’m a bit confused as to what my next steps should be. Any advice would me greatly appreciated!

[des8]

Do not rush off and contact Smart Parking.

There are two time limits for issuing private Parking charge notices
1) if the company wishes to transfer liability for the charge from driver to registered keeper then it is 14 days
2) if for the driver, the notice must be affixed to the stationary vehicle
Usually companies do not know the identity of the driver and so issue the PCN within the 14 days.
If you receive a PCN you should never identify the driver, but I suppose you did so in your appeal
The 28 days is probably a misunderstood reference to PoFA 2012 Sch 4 (4) (4)

There is nothing to be done now except ignore them , unless they send a proper county court claim.
Smart parking aren't interested in your appeal, all they want is your money.
Debt recovery plus are toothless debt collectors as you have realised.
You can't appeal to POPLA without a code provided by Smart parking

If and when you receive court claim post up on here if you want help
In the meantime do not throw away any of the documentation

[AmandaC23]

Hi, just wanted to say thank you for the reply. I didn’t realise I’d had a response. I’ll do nothing and wait and see if I hear anything else. I only stated it was over 28 days in the appeal so hopefully that doesn't count as confirmation I was the driver and my friend paid for the parking on her account. I'm really hoping I don't hear anything further. Thanks again for your help, it's much appreciated!

[AmandaC23]

Hi des8,
I just wanted to get your advice again if you don’t mind! I have just received a letter from CST Law saying they have been instructed by Debt Recovery Plus. I just wondered if this means it’s gone up a gear or if I should continue to ignore them? As per your advice, I have not engaged with Debt Recovery Plus and have just kept a record of all the letters they’ve sent me. Thanks!

[PallasAthena]

Just for information these are not all independent companies. Debt Recovery Plus and CST law are both subsdiaries of the Bristow & Sutor Group of debt collectors. CST Law, although authorised and regulated as solicitors, is the in-house legal department for the debt collecting companies within the Bristow & Sutor Group.

[des8]

i would just await a "letter before action"

[AmandaC23]

Thank you both for you help.