** CANCELLED ** Debt Recover Plus Ltd - Smart Parking Charge

[malachi]

Hello,

I have received a letter from DRP to recover fees for a parking charge that was never sent to me to begin with! I have a leased car and I have enquired with finance company to which they informed me they received the letter but didn't forward to me instead forwarded my details to the DRP for liability transfer.

Some info below from DRP letter:

Parking charge date: 07/09/2018
DRP Notice date: 18/12/2018
Reason: Overstayed free time
Amount: £160

The Finance company confirmed the following in writing:

Paperwork received: 15/10/2018
Transferred liability: 05/11/2018 (they state they have four weeks to transfer liability) - This is where my details would of been given

They also sent me the scanned Smart Parking paperwork which shows the following:

Parking charge date: 07/09/2018
Date on letter: 09/10/2018
14 days to pay £60, £100 there after, after 28 days will incur £10 administration fee on top

Is there anything that can be done here? Looks like the finance company have acted incorrectly as by transferring liability they just handed my details to debt recovery agency, never sending me the letter/paperwork in post or via email (which they have on file!)

Thanks

[ostell]

The lease company have acted correctly in giving your details to the parking company, and they should have sent a copy of the PCN to you. The parking company then have 21 days to contact the hirer/keeper with a Notice to Hirer, after receiving details from the lease company, together with copies of the lease contract. If there was no windscreen ticket the Smart have failed anyway in that the notice was not given within 14 days. I'll get back to you with an appeal when I get back to my desktop. There is no legal requirement to identify the driver so don't

[ostell]

Here's POFA for your reference.

Letter for Smart

Dear Sirs,

I have just received a copy of your Notice to Keeper/hirer xxxxx for vehicle VRM xxxx

You have failed on several counts, to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012

Failing to deliver to the hire company the original Notice to Keeper within the relevant period of 14 days as prescribed by section 9 (4) of the Act.

Failing to deliver a Notice to Hirer/keeper within the relevant period of 21 days as required by section 14 (3), and also failing to supply the additional documents mandated by section 14 (2) (a) of the Act.

Because of your failures you cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

[malachi]

Hi ostell,

Thanks for your response and the letter template much appreciated.

Please note that Smart parking have already pushed this through to the Debt Recovery Agency upon making contact with the Lease Company, looks like they sent the letter, lease company sent details back for liability transfer and smart parking used those details to hand over to the Debt Recovery Agency, surely that is not acceptable?

Is there any way this come back? Will they try to pursue in court etc?

Many thanks

[ostell]

Smart parking should have written to you but may have "forgotten" to put it in the post. That's why I said write to Smart. Also demand a POPLA code.

send first class with free certificate of posting from a post office.

Smart will cancel if they know they haven't a chance

[malachi]

Great, I will write to Smart and post back with response.

Many thanks for your help.

[malachi]

ostell Many thanks for your help and template, I can confirm Smart Parking cancelled the Parking Charge Notice!

[Hassan 7861]

Hi I have received a letter from debt recovery plus of 155£ to pay. I am a taxi driver I dropped my passenger there and they were elderly in there late 70s for there grand son birthday so I helped them and took them inside the pub Max 10 mins and pick up customers from same pub after 5 mins so all this process took me 15 to 20 mins and they issued me ticket I have received any ticket from euro car park I have Only received this ticket of 155£ from drp. I rang them yesterday they said to me if you can’t afford to pay in full you can pay 25£ per month . I have read all the messages that ignore them unless I receive a letter from court , if I don’t pay them because I think it’s not my fault I was doing my job the only mistake I have made didn’t look for the sign says only for customer free parking. Can they do anything about my credit history or take me court . Please give me some advice many thanks

[ostell]

Don't hijack someone elses thread.!!

[MIKE770]

Hi I have received a letter from debt recovery plus of 155£ to pay. I am a taxi driver I dropped my passenger there and they were elderly in there late 70s for there grand son birthday so I helped them and took them inside the pub Max 10 mins and pick up customers from same pub after 5 mins so all this process took me 15 to 20 mins and they issued me ticket I have received any ticket from euro car park I have Only received this ticket of 155£ from drp. I rang them yesterday they said to me if you can’t afford to pay in full you can pay 25£ per month . I have read all the messages that ignore them unless I receive a letter from court , if I don’t pay them because I think it’s not my fault I was doing my job the only mistake I have made didn’t look for the sign says only for customer free parking. Can they do anything about my credit history or take me court . Please give me some advice many thanks

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