Parking help please

[nba2005uk]

Hello.




Really sorry to post this here, I did a lot of reading before positing.




So a few months back I started receiving these letters from smart parking which I decided to ignore based on the general advice here. The most previous letter was from CST Law on 28th April giving 14 days to pay £170. If I’m correct then I should ignore these too?




One concern that I do have is that my the letters are going to my old address (which is where my parents still reside), so they’re a little concerned.

I had changed my drivers license when I first moved out, but totally forgot to change my log book. I changed my log book details shortly after receiving these letters.




Can I appeal/complain to the landowner to try and cancel the ticket, or is it too late?




Will the address change be an issue?




Car was only parked for 10 minutes and 10 seconds, i thought 20 minutes was the limit?




I have changed address over now but can I write/email DRP to update them with address to avoid letters being sent to my parents?




Thank you all and apologies once again.


https://ibb.co/bXZ92Kt
https://ibb.co/GRK0CZh

[nba2005uk]

Here are photos of two letters

https://ibb.co/WP4B2m1
https://ibb.co/HNndXf8

[ostell]

You did not get the advice to ignore on here!

As normal Smart have failed several points of POFA and therefore cannot transfer liability to the keeper. The original response would gave been:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the 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

but you're too late for that, but you could try.

They have also failed 9 (2) (e) invitation to keeper and 9 (2) (f) warning of keeper liability.

You could try contacting DRP and tell them you are not liable and refer it back to their principal. Also remind them that the your address for service is now xxxxxx.

Who does the letter from CST law tell you to pay? DRP perhaps? If so then ignore. DRP have borrowed a letterhead again. If not then the same letter to them

You could try making the appeal to SMART, again telling them the defective address has delayed the letters and your new address for service and adding in the other POFA fails.

All first class post with free certificate of posting from a post office

[nba2005uk]

Thank you so much for the informative response.

I think I may appeal to Smart. Is there a reason why we send first class post, with free certificate of posting?

Also what should be written regarding the 9 (2) (E) and 9 (2) (F)? Or is stating this simply enough?

Thanks again.

[DE DOGS]

[QUOTE=nba2005uk;n1575935]Thank you so much for the informative response.

I think I may appeal to Smart. Is there a reason why we send first class post, with free certificate of posting?

Also what should be written regarding the 9 (2) (E) and 9 (2) (F)? Or is stating this simply enough?

Is there a reason why we send first class posts, with free certificates of posting? Obviously to prove you replyed.

[ostell]

You send first class post and the certificate shows you sent them.

Use the descriptions I used.

[nba2005uk]

Sorry I meant was their any reason for sending first class rather than contacting them online, via email etc?

[ostell]

To show that you sent something to them. email delivery is not, and never has been, guaranteed.

[nba2005uk]

The reverse side of the CST law is just ‘debt advice’ with numbers to call eg nationaldebtline etc.

Complaint to landowner
Complaint to MP
Email Smart with updated address
Write to Smart with appeal and advice given above?

Would these be the correct steps to follow?
Thanks

[nba2005uk]

Below I will post my complaint to the landowner, and to Smart Parking, and also to local MP.



Landowner/Smart complaint










To Landowner and Smart Parking

Write first class AND email them



Dear Smart Parking,

Firstly, all defected letters have been delayed as they have been sent to an old address. I have attached two recent utility bills as proof of I.D under the GDPR law. I expect that you will also inform any of your contractors of this change.




As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:




1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner

2) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass




These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.




If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.




Please issue your cancellation within 35 days of this letter, or forward a popla verification code.




Additionally, you have failed to comply with paragraph 9.4 of Schedule 4 of the Protection of Freedoms Act 2012 in that you failed to give the Notice to Keeper to me within the “relevant period”. The alleged infringement occurred on the XXX and no ‘Notice to Driver’ was issued at the time. The Notice to Keeper is dated XXX which is 17 days after the event and 3 days after the expiry of the statutory 14 day period prescribed by PoFA during which you may deliver this. Your company would have been well aware of this latter fact when it took the decision to send out the Notice to Keeper. You have misrepresented the legal position in the full knowledge that no such keeper liability existed.




Furthermore, if you pursue the matter against me as registered keeper when you have no lawful excuse and cannot rely on 'keeper liability' at all in this instance, you will be guilty of harassment which is another specific breach of the Protection from Harassment Act 1997.




I encourage you to read the Protection of Freedoms Act 2012 and Parking (Code of Practice) Bill , Volume 635, Hansard.




I am also currently preparing complaints to submit to my MP, to the British Parking Association, and DVLA. I will also seek further legal advice if needs be.




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.




Faithfully

John

[nba2005uk]

Dear MP



Thank you for the quick response.

In this email I will attach a few letters in which I have received up to this date.



Something I have to mention first is that all these letters have been going to an old address (which is still currently where my parents reside). I was in the process of moving house with this going on. I had changed my drivers license as soon as I moved, and later changed my log book details, so I presume Smart Parking are using old details of mine. I have now updated them with current information.



Due to this delay in receiving letters, I will also look to appeal the ticket. I am started to feel threatened and harassed by Smart Parking.



The general advice I gathered online, word of mouth, television, was to ignore these scam companies, so that is the route I took. I have later realised that an appeal could of quite easily been won



Signage was in place but we didn’t see it, I think it may be new on site. We were parked up here for 10 minutes as we had to make a phone call and do not have bluetooth to make a call whilst driving.



My understanding is that these companies have to issue a letter within 14 days, and it took them 17 days to do so. They also haven’t proved who the liable driver was at the time of parking.



I will copy and paste a draft of my appeal in which I will be writing to Smart Parking.



I don’t have a current printer right now to fill in the attached form, but I can visit a local library if needs be.




Regards

John Jones

[ostell]

GPEOL is out, it was killed at Beavis.


"I encourage you to read Schedule 4 of the Protection of Freedoms Act 2012."

What is "defected letter"?

Expenses, apart from minimal, cannot be claimed in small claims. Threatening to claim is an empty threat.

[nba2005uk]

What is GPEOL? I am new here.

What do you mean by the quotation?

What would you suggest in changing?

[ostell]

What is GPEOL? I am new here. "The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner"

What do you mean by the quotation? One is to change what you have written, The other is to define what you mean by what you have written

What would you suggest in changing? Remove the empty threat of claiming expenses, does not look good

Answers in blue

[nba2005uk]

Can anybody suggest on best way to complain to landowner in my particular case?

I have searched for different appeals but I’m yet to find a similar case to mine, in a similar time frame. Many of them are retailers, hospitals, from 5+ years

They have sent photos of the signage and registration plate.

Apologies for my frustration, this is all very new to me and I am still learning.