Smart parking charge and debt recovery plus, hotel parking

[headinghouse]

Hi I have read through so many threads on parking ticket issues and I cannot find a specific answer to my issue, please can you help?

My husband parked my lease car at a hotel gym car park on the 1st September, he forgot to add the reg of the car to the system at the gym reception. He has a receipt to prove he was at the gym at the time and it shows on his bank statement that he paid for swimming.

We were away on holiday some time after and a parking charge from smart parking turned up after being redirected from the lease company I assume. We were so busy that we ignored this, but we did speak to the gym who were no help at all. It was a genuine mistake and 'insufficient paid time' as it states on the letter, you don't actually pay if you attend the gym.

I have since then received 4 payment deadline letters frim debt recovery plus, all threatening. It says since its been longer than seven days since the last letter I have lost my right to appeal.

I am unsure on what to do next, I read to ignore these letters and that they cant actually take me to court it would be the parking company 'smart park' is this correct?

I have not stated who the driver was as I haven't responded at all to anything. Should I just keep ignoring? Will this affect my mortgage offers etc, as I need to re mortgage very soon.

Thanks so much for all your help

[des8]

They have told you that it is too late to appeal (not that they would take notice of one anyway!) so you might as well wait until you are sent a "letter of Claim" which precedes a court claim.
At that point a defence can be mounted.

Do you still have the original Notice sent to you?

Even if the hire company forwarded the original Parking Charge to you, there should have been one from Smart parking to you as the hirer, which would have been accompanied other documents.

[headinghouse]

Yes I think we still have the first notice from smart parking. Would it be the debt company who send the letter of claim?
At that point would we respond?
thanks so much for your help

[des8]

The Letter of Claim will be sent either by Smart parking, or more likely a firm of tame solicitors.

Response will depend on the wording of the letter, but at that point you indicate you intend to defend the claim (if you so intend)

When responding do not identify the driver

Search out that original parking notice, and any paperwork that was included.
This is important as they should have included certain documentation (e.g. copy of the hire agreement) and if missing the notice was invalid and should be unenforceable in court.