Smart parking limited

[KAustin]

Hi all, I have a PCN with date of contravention 21/10/2023 and date issued: 09/11/2023, so 19/20 days, correct? does it have to be working days? I thought, as I have read other legislation, it could have been longer, so in my case, what can I do now? Based on other threads (which I'm not allowed to comment on or discuss anything on) I can send a letter?

Please note I have appealed (still awaiting) basically as a ticket was purchased but from the wrong machine, so a stay ticket (I thought) given that the carpark layout is horrendous and actually encompasses (found out later) two different car parks. Its the one in Bury opposite the Rock.


Any help is appreciated. Thanks

[des8]

If the Parking Charge Notice is actually a Notice to Keeper (NTK), and tries to transfer liability for the parking charge from the driver to the registered keeper, then it is out of time, and liability will not be so transferred.
However Smart Parking do use notices which aren't NTKs

You say you have appealed, so possibly you have identified the driver.
If that is so Smart Parking do not need to transfer liability to you the keeper

Without seeing the Notice, and knowing what you have said in your appeal, it is difficult to advise.
However the good point is that "Smart Parking" don't always live up to their name.

PS I'm in West Wales and I regret the description " Its the one in Bury opposite the Rock." doesn't mean a lot to me

[KAustin]

In terms of the appeal, I appealed because a ticket had been purchased, which I had kept and showed the time and date paid for, it was only after the event that it seems it was from the wrong machine. The car parks in the identified description can view (if you were inclined) via google maps.

The appeal states that a ticket had been purchased, but at no point have I identified the driver, for all they know I could have an any driver policy and would be in my means not to have been driving that day, but may have been the one purchasing the ticket. In that case would the letter apply? Ive attached a copy of the docs below. Thanks

[KAustin]

[des8]

So Smart Parking will reject your appeal (they don't make money accepting it)

They will give you a POPLA code to enable you to appeal there, which you do by stating the PCN was not PoFA compliant and that the driver has not been, and will not be, identified so SmartParking can go whistle.
Be careful not to tick "the driver"

No need to get tied up with which meter was for which bit of tarmac!

[KAustin]

Ok I hope that will be the next stage, however the appeal was sent to SP 17/11 I have not heard from them and I presume it will be unlikely they will act like a proper company and send correspondence pertaining to any outcome and the first I will hear will be a debt collection agency? Generally I am furious that they should not have to evidence following any due process for appeals if that is the case. I did call POPLA however found them to be as useless as a sponge on the deck of the titanic!

All ifs and buts so I will sit tight and post if I hear anything otherwise? Thanks

[des8]

As I said earlier Smart Parking aren't the sharpest knife in the box, so I shouldn't worry about them (nor about any toothless debt collectors)

Any court claim can also easily be dealt with

[KAustin]

Hi, so lo and behold, not even a rejection notice from Smart Parking, and not even the option to appeal through POPLA. Aren't there steps they should follow? See the attached letter now received. What are the next steps for me?

Thanks in advance.

[des8]

There are steps which they should take, and if you challenge they will say they have followed procedures and it's not their fault if post is not delivered!

Anyway Debt Recovery Plus are toothless debt collectors, so just write to them that the alleged debt is being disputed and so they should cease collection activities and return the file to their principal.
Also write to Smart requesting confirmation that following your appeal they will cancel the charge and also call off the DCA

(send both 1st class with free certificate of posting from post office)


They won't, but you need to follow the system as eventually, if it goes to court and you win, you might obtain costs on the basis of their unreasonable behaviour or for harassment

[KAustin]

Ok, seems more benefit just to pay the £170 rather than go through this as I dont want to go to court.

What is the wording I should use in both cases. Should I raise a subject access request for the file with Smart? I never received any confirmation that the appeal was denied, the email I received initially stated all 'charges' were paused until the outcome of the appeal, however I received no such notice of the decline, meaning there was no 'opportunity' to pay the reduced amount. Surely it is up to them to prove it was posted / emailed?

Sorry as like others this is getting stressful.

[KAustin]

Do these work? I will write this to Smart:

To whom it may concern,
I have received your Notice to Keeper for PCN xxxx 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, this has not been done, and I will not be doing so. You have also failed to notify the keeper of any outcome of any appeal which is very poor practise.

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.
Regards


and the below to Debt RP:

Dear sirs

REF
Your letter of 29/01/2024

This alleged debt is disputed and you should cease all collection activities and return the matter to your principals.

Any further communication from you will be deemed harassment and referred to your regulatory body. In view of any further communication, I suggest you read the FCA Handbook Conc 7.14 about disputed debts.
In case you have trouble locating your copy it states:
"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds."

Now return the debt to your principals or be reported to the regulatory authorities.

Yours faithfully

[des8]

Those letters are fine, but don't expect to get a reasoned answer, if any.

You mention paying rather than going to court, which is stressful and time consuming
That is completely your choice, and I can quite understand it.

[KAustin]

I will see what/if I get a response from the above. If that fails well, lets what happens. I see a similar occurrence has happened on another thread. so will keep my eye on that.

[KAustin]

I will see what/if I get a response from the above. If that fails well, lets what happens. I see a similar occurrence has happened on another thread. so will keep my eye on that.

Hi, help again please. Despite recorded delivery, with the above, they have responded (understand auto generated letter), saying there has been no contact. Utter cheek despite getting delivered letters!

Where do i stand now? Obviously stressful. However I have provided dialogue with written responses. Help. Thanks

[des8]

Standard response, so you either pay or ignore and await the next chapter