Smart Parking at it yet again...

[jaggers]

At least I don't feel so alone anymore.

I have received a letter from DRP referring to a Smart Parking PCN that I have not received and knew nothing about. Now they want £160 and of course it is too late to appeal.

I have emailed DRP and told them that as I had not received the PCN and had no knowledge I would not be paying. I see somewhat more eloquent wording recommended on here. And I now gather I should also write on similar lines to Smart Parking.

There is one small wrinkle though. Since the quoted parking charge date I have moved home. I did advise DVLA albeit 2 or 3 weeks after the move. The Royal Mail have been forwarding all my post (first class) since the charge date and the DRP letter was forwarded from my old address. Should I advise either of Smart Parking or DRP of my new address? It seems a little generous to do so, but I guess I am concerned if they get round to filing against me and I lose response time because of the inbuilt delay in forwarding. Or would they check my address again with DVLA before sending papers?

Thanks in anticipation.

Oh, and hello, lovely to be here!

[mystery1]

Re: Smart Parking at it yet again...

There is nothing to be gained from hiding a new address from someone who wants money because they may issue a claim and you don't wish to find out after a year or 2 that they have a default judgement against you when you need credit.

Otherwise you seem to know how i'd handle it.

M1

[jaggers]

Re: Smart Parking at it yet again...

There is nothing to be gained from hiding a new address from someone who wants money because they may issue a claim and you don't wish to find out after a year or 2 that they have a default judgement against you when you need credit.

Otherwise you seem to know how i'd handle it.

M1

Hmmm, the conundrum is how to tell them to get lost, but "by the way my new address is..." The only thing I can think is to reply to that effect in a letter which simply has my new address on the top. Or maybe use email but refer to the DRP letter " sent to my former address" which puts them on notice that I have moved but leaves it to them to check with DVLA.

[mystery1]

Re: Smart Parking at it yet again...

Dear Sirs,


I have today received a letter from xxx 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.

Please send your reply to my current address which is different to the one you have on file.

xxxxxx
xxxx
x

xx


Yours etc



Something like that.

M1

[jaggers]

Re: Smart Parking at it yet again...

Thanks for that. I am about to use in a mail to them. However I am out of kilter. My mail yesterday to DRP just said I had not received a PCN and that I would therefore not be paying.

They have replied today as follows:


Thank you for your email regarding the above Parking Charge Notice (PCN).

The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (if applicable) is no longer available.

However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.

My findings

The site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that all drivers must make a valid payment to park.

On the date in question, no valid payment to park was made and a PCN was correctly and legitimately issued as a result.

Please note that a PCN was sent to your address for notification purposes. If there has been a problem regarding the delivery of this document, this is a matter to raise with your postal service.

Under The Interpretations Act 1978:

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

What you need to do now

As a gesture of goodwill we are willing to reduce the outstanding balance from £160.00 to £136.00. Please ensure that £136.00 is paid by 15^th March 2016. Payment can be made online or by phone. Go to www.debtrecoveryplus.co.uk/pay or phone 0208 234 6775. You can find full details of how to pay on the reverse of the letter(s) sent.

What will happen if you do not pay what you owe

If the amount is not paid by the date shown above, we will recommend to our client that court action be taken by them to recover the outstanding balance.

What if you do not agree

Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.


************************************************** **************

I should add that (if relevant) the claim I received from DRP gave the details of the PCN and gave the reason as overstayed paid time. Above they say I didn't pay. Does this help in any way?

Thanks!!

[mystery1]

Re: Smart Parking at it yet again...

Well you could raise the point and ask for a copy of the PCN as you've now had 2 different reasons for the charge and you need to check. In reality you want to see it to see if there is a reason it never arrived originally.

M1

[jaggers]

Re: Smart Parking at it yet again...

Will do that, thanks.

Can I ask about the stuff about The Interpretations Act 1978? I guess it is only relevant if the notice was actually prepaid and posted. I wonder how they prove that? Given the apparent number of cases where the PCNs have never been received I would think any kind of log would be far from reliable evidence.

[mystery1]

Re: Smart Parking at it yet again...

A computer record and witness to their systems would be enough to meet the burden of proof but the presumption can be rebutted by you although it is difficult to prove a negative. Gidden v CC Hampshire is worth a read but it's criminal, not civil.

M1