Earl Haig PCN by Smart Parking Ltd

[mramittal]

Hello All,

Could you please help me to resolve the parking fine issue?

Similar situation as bizzle(http://www.legalbeagles.info/forums/...ight=earl+haig)

I was shocked to receive the Demand For Payment from Debt Recovery Plus Ltd (DRP) for unpaid PCN of £160.00. The letter was issued on 14/09/2016 and I received it today on 20/09/2016, Reason for issue is Overstayed paid time.

They sent letter on behalf of Smart Parking. I went to SP website to find out what it is all about and found I was issued a PCN on Sunday 07/08/2016 by SP. I can also see two picture, one was taken at 4:47 pm and other was taken at 5:04 pm. There website says

Contravention

Insufficient Paid Time

In their (DRP) letter they say they got my address from DVLA and sent letter to my old address as I didn't update my address with DVLA as soon as I moved to new place. Last week I updated my address on Driving License, SP got new address from DVLA and hence sent this letter to my new address.

I went to the Earl Haig Car Park for not more than 15 minutes and my wife was in the car at all time.

I wanted to appeal this PCN, please let me know shall I use the same format of online appeal given to XStyle. What could be the reason I can give



Dear Sirs,
I, as registered keeper, wish to invoke your appeals procedure. The driver was a genuine customer.
It is noted that your notice to keeper is fundamentally flawed when compared to PoFA 2102 schedule 4 para 9.
Should you reject my appeal please supply a popla code.
Yours etc



Thanks
A

[mystery1]

Re: Earl Haig PCN by Smart Parking Ltd

That's no use as currently you have no avenue of appeal to Smart. Is this a Morrisons one ? Do you have a receipt bank statement ?

M1

[mramittal]

Re: Earl Haig PCN by Smart Parking Ltd

Hi Mystery1,

Many Thanks for your prompt response.

Why I don't have any avenue of appeal? This is not morrison, it is opposite hounslow west tube station in london. I just went to the same car park and notices the tariff is 1£ for up to 1 hour and since I parked only for 17 minutes and paying 160£ fine is outrageous.

Please let me know what are my options.

Thanks
A

[mystery1]

Re: Earl Haig PCN by Smart Parking Ltd

Because they are shysters.

I would write to both companies via email and state that you have not had any previously had any communication or chance to appeal.

Is it where the police van is https://goo.gl/maps/yv6kaZwuahJ2

M1

[mramittal]

Re: Earl Haig PCN by Smart Parking Ltd

yes this is exactly I was issued a PCN.

Are you suggesting me to write to SP to ask for right to appeal as this is the first time I received the letter from Debt recovery?

[mramittal]

Re: Earl Haig PCN by Smart Parking Ltd

PCN was issued where the big tree is it at the end of road (between Morrison and Earl Haig) and not the police van. https://goo.gl/maps/yv6kaZwuahJ2

please advice as I am really stressed.

[mystery1]

Re: Earl Haig PCN by Smart Parking Ltd

yes this is exactly I was issued a PCN.

Are you suggesting me to write to SP to ask for right to appeal as this is the first time I received the letter from Debt recovery?

Yes. They'll probably say too late piss off but you have to try.

I would also take a punt on Morrisons as they might still own the land. donotreply@morrisonsplc.co.uk Not an appeal, just appealing to their better nature and/or desire to keep a customer. The worst that happens is they say no. (yes it is the real email address)

M1

[mramittal]

Re: Earl Haig PCN by Smart Parking Ltd

is it not mandatory these days to attach a PCN on car screen?
OR
they are simply allowed to take pictures and post PCN to your address and ask for hefty fines?

[mramittal]

Re: Earl Haig PCN by Smart Parking Ltd

see attached the pictures which I found from SP website...

Since I moved home and only I received is the letter from Debt recovery company, can I ask SP to post me the PCN now so that I can have a look at it and of course appeal it.

None of the pic shows full car's dashboard though

[mramittal]

Re: Earl Haig PCN by Smart Parking Ltd

see attached letter received from Debt Recovery Plus Ltd company, please advice ?

[mystery1]

Re: Earl Haig PCN by Smart Parking Ltd

Same advice accept put in your email that they are aware that you didn't get the PCN as they had to use a tracing agent to find you and sent the debt collection letter to a different address.

They'll still probably tell you to piss off though.

M1

[mramittal]

Re: Earl Haig PCN by Smart Parking Ltd

really

[mystery1]

Re: Earl Haig PCN by Smart Parking Ltd

I think so. Only 1 way to find out for sure though.

M1

[mramittal]

Re: Earl Haig PCN by Smart Parking Ltd

I think so. Only 1 way to find out for sure though.

M1

Hi M1,

I am quite confused what do you mean by one to find out for sure?

Please answer the following

Shall I appeal on SP website? if yes what should be the content of appeal?

I asked the Debt Recovery Plus Ltd to send me the PCN but they refused saying they don't have original PCN. they can only send the pictures and entry and exit time on phone. They also informed that even SP will not send the original PCN again as it was already sent to old address and they can only issue PCN once and they wont be having any copy of it either.

Now what shall I write to Debt collection company?

[mramittal]

Re: Earl Haig PCN by Smart Parking Ltd

Is the below content okay?

"Dear Sirs,
I, as registered keeper, was shocked to receive the Demand For Payment from Debt Recovery Plus Ltd (DRP) for unpaid PCN of £160.00. The letter was issued on 14/09/2016 and I received it on 20/09/2016, Reason for issue is Overstayed paid time.
This is the first time I received this letter. Since Smart Parking was aware that I didn't receive the PCN earlier hence you used a tracing agent to find me and sent the debt collection letter to a different address.
As I have not had any previously communication or chance to appeal, therefore I, as registered keeper, now wish to invoke your appeals procedure. The driver was a genuine customer and did not see any signage.
It is noted that your notice to keeper is fundamentally flawed when compared to PoFA 2102 schedule 4 para 9.
Should you reject my appeal please supply a popla code.
Yours Sincerely,"