Being pursued for a PCN on my husband’s car

[CakeForDays]

Hi all,

Back in July last year my husband received a parking charge notice from Smart Parking, as his car had been parked in the accessible parking of a local leisure centre but its registration had not been entered into one of the parking validation machines inside.

I appealed online on his behalf - the signage in the accessible car park states you must register your blue badge at reception (which we had) and then display it in your car (which it was). The signs do not say you need to enter your car’s registration on one of the machines in the leisure centre, only that you have to register and display your blue badge.

As well as appealing online I got the leisure centre to get in touch with Smart Parking to cancel the fine. We actually got 3 separate fines for 3 separate occasions - two were cancelled no problems but this one apparently refuses to go away.

I can’t remember exactly what I wrote in the online appeal but since then I’ve been sent multiple letters from Debt Recovery Plus in relation to the penalty - despite not being the driver and the car not being registered to me! I had been ignoring them but have now had a letter from CST Law warning about court action.

I’m just wondering what I should do next…

1. Carry on ignoring and see if I get taken to court - I think I could defend it given it’s not my car, I wasn’t driving it, and the leisure centre cancelled it
2. Appeal to POPLA - the timeframe for this has passed last year so I’m not sure this would do anything
3. Contact Smart Parking and explain the PCN has nothing to do with me
4. Contact Debt Recovery Plus and explain the PCN has nothing to do with me
5. Something else?!

Basically a I’m tired of these letters and just want them to stop! Advice gratefully received, thank you.

[R0b]

We get a regular amount of people on here seeking help for PCNs and what I can never fathom is why a number of them choose to ignore until they get a threat for legal proceedings and then everyone starts panicking what to do.

My advice is never to ignore it. Respond to them and keep responding the same thing if you have to and that way you have a claim for harassment if they persist. Either way there is a likelihood they will issue legal proceedings so you should prepare for that.

Responding to your 5 questions in the same order:

1. Yes, you could do this, but if you don't know what you said in your appeal you could have suggested you were the driver which is why they are coming after you.

2. No chance you are way out of time.

3. CST Law are now representing Smart Parking so you should communicate with them.

4. See point 3.

5. I suggest you write to CST Law and tell them you were not the driver nor is it your vehicle so they are barking up the wrong tree and if they continue, you reserve your right to counterclaim for harassment. Whether you choose to counterclaim is up to you but it might make them pause for a moment, or they might call your bluff and issue proceedings anyway.

It would also be sensible that you make a subject access request to Smart Parking so you can see what exactly you said in your appeal. As above, this might indicate why they are choosing to pursue you.

[des8]

Agree with R0b but I'd be pleasantly surprised if CST Law even hesitated.

[CakeForDays]

Thank you R0b for your detailed response.

The reason I ignored the letters was the leisure centre assured me on multiple occasions the PCN was cancelled their end, but it could take 8-10 weeks for Smart Parking’s systems to catch up so it was ok to ignore any letters in the mean time. In hindsight I see this wasn’t good advice to follow!