Received a debt recovery plus ltd letter for parking charge notice.

[truth]

Hi,
Need some advice. Today, I receive a letter from debt recovery plus ltd on behalf of Smart Parking ltd for a PCN unknown to me for Over Free Time at Tottenham shopping car park on the 22/12/2015 and notice date 02/02/2016. Receiving the Debt Recovery Plus ltd letter was the first time I get to know about the PCN.

I contacted DRP to enquire and let them know that "how come I receive their letter and never receive any PCN letter or letters from Smart Parking ltd. The man was only interested in me paying 160.00 pound charge or small claims court. I ask him for the contact details for Smart parking ltd he refused.

I manage to get Smart Parking ltd contact details. When I contacted them, I was told there is nothing they can do because it has been pass on to debt recovery plus ltd. how could I have known if I never receive a letter. How could I have known to appeal if I never receive a letter.

I do have my evidence receipts that I and my children was doing christmas shopping in 5 of the stores on that day not being aware of any time limit. Any advice as to what to do next would be greatly appreciated.

[mystery1]

Re: Received a debt recovery plus ltd letter for parking charge notice.

Email both those scumbags.

Dear Sirs,

I am in receipt of a letter dated xxxx from DRP which is the first i have heard of this apparent parking matter. As such there is no keeper liability even if there was a debt which is denied.

Yours etc

Then go to the stores and ask them to cancel.

M1

[truth]

Re: Received a debt recovery plus ltd letter for parking charge notice.

Thank you for your advice. There's no way of emailing them. I would just have to send them a letter in the post. Is there any further information I should add or mention in the letter apart from what was suggested. regards.

[truth]

Re: Received a debt recovery plus ltd letter for parking charge notice.

HHi, below is the response I receive from smart parking ltd after I email them the letter.


We can confirm that the initial PCN was sent to the address you’ve stated in the below email on the 30/12/2015 via post. We are not liable for the Royal Mail once the PCN has been sent out.

As per the British Parking Association Code of Practice (paragraph 22.7), 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. )

What else can I do to resolve the situation.

[mystery1]

Re: Received a debt recovery plus ltd letter for parking charge notice.

HHi, below is the response I receive from smart parking ltd after I email them the letter.


We can confirm that the initial PCN was sent to the address you’ve stated in the below email on the 30/12/2015 via post. We are not liable for the Royal Mail once the PCN has been sent out.

As per the British Parking Association Code of Practice (paragraph 22.7), 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. )

What else can I do to resolve the situation.

Dear Sirs,

Thank you for your email of xxxx the contents of which are noted.

It is unfortunate that you are refusing an opportunity to appeal based on the erroneous belief that posting a notice is sufficient. Both the protection of freedoms act 2012 schedule 4 paragraph 9 and the British parking association code of practice state that service is deemed on the 2nd working day after posting unless the contrary is proved. See Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin) (29 October 2009).

I further note that you claim that paragraph 22.7 means you must only allow 28 days for an appeal.

"22.7 We consider it a reasonable timescale to allow 28 daysfrom the issue of the parking charge notice (in whatever
format you send it) to allow the driver, keeper or hirer
to appeal the enforcement action. A keeper cannot make
an appeal concerning the same incident if the driver has
already appealed."

Clearly it says no such thing and you could make an exception in any case you choose.

I hope you will come to a sensible conclusion in this matter.

Yours etc

M1