Debt Recovery Plus Smart Parking Fistral beach

[moom]

Hi all,

New here. I received a letter from DRP dated 09.02.16 re parking contravention 02.01.2016. Apparently I overstayed on a ticket. I haven't received a PCN or any prior communication from Smart Parking, but they claim I have. They have sold the debt on to DRP who want me to pay £160 by 23.02.16.

I'm thinking from what I've read just deny it under keeper liability?

I don't have the original PCN so don't know the details of what I'm supposedly being charged for. Should I try and get this info from them, or just deny it and leave it at that?

Thanks for any help you can offer.

Moom.

[mystery1]

Re: Debt Recovery Plus Smart Parking Fistral beach

Contact DRP and info@smartparking.com


Dear Sirs,

I have today received a letter from DRP regarding an apparent parking charge notice. This letter today is the first i have heard of the matter and as registered keeper i note that this contravenes the statutory requirements of the protection of freedoms act 2012 schedule 4 for keeper liability.

I would appeal as registered keeper but note that there appears to be no option to do so. In light of this please contact the driver.

Yours etc


They will not help but you've marked their card.

M1

[moom]

Re: Debt Recovery Plus Smart Parking Fistral beach

Great, thanks mystery1 I will.

[moom]

Re: Debt Recovery Plus Smart Parking Fistral beach

Got this reply to my email this morning,

Dear Sir/Madam,

Thank you for your recent communication.

We can confirm 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. Debt Recovery Plus: 0208 234 6775 or 0141 301 2355

Kind Regards,

Smart Parking

Any ideas, or just ignore it?

Thanks

[mystery1]

Re: Debt Recovery Plus Smart Parking Fistral beach

Got this reply to my email this morning,

Dear Sir/Madam,

Thank you for your recent communication.

We can confirm 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. Debt Recovery Plus: 0208 234 6775 or 0141 301 2355

Kind Regards,

Smart Parking

Any ideas, or just ignore it?

Thanks

Dear Sirs,

I have contacted yourself well within 28 days of your 1st communication. It is disappointing that you have clearly failed to read what is written to you. To be clear, as registered keeper, i have no liability in this matter and repeated attempts to harass myself will be noted and if required a civil action such as that in Fergusson v Brittish gas, Roberts v BOS & Johnson v Bos.

DRP are mere debt collectors trying to collect a non existent debt because you have instructed them. I do not owe any money and you cannot claim i do when you have failed to comply with the statutory provisions of the protection of freedoms act 2012 schedule 4.

You have not given any notice previously and no chance to appeal which is against the BPA code.

Yours etc

M1

[moom]

Re: Debt Recovery Plus Smart Parking Fistral beach

Sounds good, I'll do that.

Thanks again.

[moom]

Re: Debt Recovery Plus Smart Parking Fistral beach

Got this from them in reply...

Dear Sir/Madam,

Thank you for your recent communication.

As previously stated this PCN is now at Debt Recovery due to the length of time it has been open for. Please contact them directly if you wish to discuss this further. Debt Recovery Plus: 0208 234 6775 or 0141 301 2355

Kind Regards,

Smart Parking

[mystery1]

Re: Debt Recovery Plus Smart Parking Fistral beach

Now it's just a case of filing everything unless you get a proper letter before action or court papers.

M1

[moom]

Re: Debt Recovery Plus Smart Parking Fistral beach

okey doke, thanks for your help.

[Jaymez83]

Re: Debt Recovery Plus Smart Parking Fistral beach

What's the advice/options if you do get a letter to go to court? I'm in the same boat as Moom.

[mystery1]

Re: Debt Recovery Plus Smart Parking Fistral beach

What's the advice/options if you do get a letter to go to court? I'm in the same boat as Moom.

Each case is different. It would depend on what defences are available in the specific circumstances. Has the driver been identified, is the signage clear etc etc

M1