Smart Parking / Debt Recovery Plus dispute - PCN not received

[mambarock]

Hi all. This seems like a regular topic on this forum and has already been of some help in fighting it so far (thanks very much).

Here are the facts...
Date of contravention - 29/11/2023
PCN issued - 29/12/2023 but not received until submitting a Subject Access Request

There do not appear to have been any reminders sent by Smart Parking, and the first I heard of the offence was a letter from Debt Recovery Plus dated 31/01/2024. If they were to just send me a new PCN I would pay the £60 and move on with my life, but that doesn't seem to be happening and I'm not paying £170 to Debt Recovery Plus out of principle.

Smart Parking's sole line of defence seems to be that they have no control over the postal service, which would have a bit more clout if they had sent a reminder or two, but it's perfectly plausible that one letter could go missing. And having challenged them on the 14 day rule to issue the PCN they just state that "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.".

What should be my next move?

Could someone point me in the direction of relevant privity of contract information.

Should I ask for a POPLA code? How likely would I be to win a POPLA appeal on the grounds of not receiving a PCN and Smart Parking not issuing it within 14 days?

Thanks in advance.

[des8]

Forget any idea of appealing to POPLA as Smart Parking won't give you the reference number you need.

I'm assuming/hoping you haven't identified the driver.

You write to DRP and tell them that as the matter is in dispute they should cease all recovery activity and return it to their principals.
In addition let them know you do not expect to hear from them again, and any further pursuit by them will be deemed harassment and may be reported to the regulatory bodies.

They won't accept it, but you need to go through the motions

[mambarock]

Great, thanks. I'm sure I'll be back for the next installment in a week or so.

[mambarock]

The day after sending my letter to DRP at the end of February I received a further reminder (crossed in the post), but since then everything had gone quiet. I've received no acknowledgement that my letter has been received.

Today I have received a 'final reminder' from DRP giving the option to pay up or face potential court action.

Next steps?

[des8]

Await their next move!

When you receive a "letter before action" you respond

[mambarock]

Thanks. Is it not worth sending another letter, just to show I'm not ignoring them, reiterating that they should return the matter to Smart Parking? And pointing out that they have not acknowledged my letter.

[des8]

If you want to waste the postage...........
I don't think they even read letters, just keep sending threats in the hope you will pay.
Eventually there will be a letter before claim, and perhaps even a county court claim (but I would not be surprised if they discontinue the claim, or just don't turn up for court!)

[mambarock]

Automated letter from DRP received today (in response to my letter of 27th Feb) stating that they won't be responding in person to me, and directing me to FAQs on their website regarding timescales for appeal etc.

[des8]

So now you wait some more!