Smart parking overstay help

[jameswbaker]

Hello everyone.
I have been reading the posts regarding smart parking and PCNs and was really hoping someone would help with my situation, and tell me my best course of action.
I've got myself in a pickle with smart parking, whilst on holiday at Fistral beach.
I paid for 1 hour, and got back to my car within that time. However there was a surf competition on that day and it took a while to get out, plus my son decided to fill his nappy. Which meant we had to pull into the side of the car park (not in a marked bay) whilst my wife ran in with him to do a quick change.
One week later I received the smart parking PCN for £60. I appealed online, giving up my name as the driver, and this week I have a letter from DPR demanding £160, or a trip to court. Never once receiving notification that my appeal had failed.
I am not a bad person, if I had of thought I can get away with a little extra time I would hold my hand up and pay the fine.
£160 for 17 minutes overstay because of traffic and a nappy change, which didn't result in lost revenue for the parking company as I wasn't parked in a marked bay seems unfair.
Can anyone direct me as to my next step.
I would be grateful for any and all advice.
Regards
James

[mystery1]

Re: Smart parking overstay help

How did you appeal online or by post ?

M1

[jameswbaker]

Re: Smart parking overstay help

Hi there

I appealed online through their website.

Regards

James

[mystery1]

Re: Smart parking overstay help

Try the website again and see what it says if you put the PCN number in. Failing that contact Smart and ask wtf they sent it to DRP when there is an outstanding appeal.

M1

[jameswbaker]

Re: Smart parking overstay help

I will put a letter together and send it out tomorrow asking why I wasn't notified that my appeal was unsuccessful.

Thanks

kind regards

James

[ostell]

Re: Smart parking overstay help

Don't say unsuccessful, just say not notified of the status of my appeal.

[jameswbaker]

Re: Smart parking overstay help

I have had no joy on their website, it says that my case has been passed to a debt recovery firm. I have therefore put a paragraph together in writing asking why i was not notified on the status of my appeal. I suppose i just wait and see? Do you think i have a valid argument or should i pay up before i get in more debt and trouble?

Thanks for helping me this far.

James

[mystery1]

Re: Smart parking overstay help

Do you think i have a valid argument or should i pay up before i get in more debt and trouble?

If you've appealed then it's them who are getting in to trouble. They are supposed to stop collection activity pending an appeal.

Aside from that, Smart don't do court, yet. http://www.bmpa.eu/companydata/Smart_Parking.html

M1

[ostell]

Re: Smart parking overstay help

They are supposed to give you time at the start of the the parking to find a space etc and at then end to exit the car park. Normally 10 minutes grace for each is the suggested minimum. No doubt the alleged overstay was detected by ANPR cameras and therefore you were not actually parked for that length of time.

How old is your son? You may also have the right to extra time because of that.

I presume it is DRP who are writing to you, not DPR. Do they state how the £160 is made up? They cannot normally take you to court. Are they saying that they may recommend court action?

You could write to DPR and tell them, in no uncertain terms, that you deny any debt to their principal and not to write to your again.

[jameswbaker]

Re: Smart parking overstay help

Hi again
Having a 2 year old and another baby of 3 months, we needed a parking space that had a free space on either side of the car to get them both out and into prams. So from passing the camera at the entrance and getting to the pay station easily takes 10 minutes.
And yes it is DRP.
Which have sent a second letter out which reads as follows.

"Notice of intended court action - unpaid parking charge £160.
We refer to our letter dated 15/09/2016, and note that you haven't yet paid the amount shown above. As you haven't contacted us to tell us that you're not liable for the charge, we've taken this to mean that you agree you're liable for it.
What happens next
If you haven't paid in full or made arrangements to pay by 14/10/2016, we'll pass your file to our client with a recommendation that they take court action against you."

Then a few more lines about how i need to pay.

I have 10 days, what do i do?

Panic?

[mystery1]

Re: Smart parking overstay help

DRP cannot go to court as they do not own the debt.

I would ignore.

M1

[jameswbaker]

Re: Smart parking overstay help

Thank you, and i will keep you posted.

Kind regards