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  • FIRST POST
    • Dollypartoni
    • By Dollypartoni 8th Jan 18, 8:34 PM
    • 4Posts
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    Dollypartoni
    Smart parking - am I guaranteed to lose if it went to court
    • #1
    • 8th Jan 18, 8:34 PM
    Smart parking - am I guaranteed to lose if it went to court 8th Jan 18 at 8:34 PM
    Hi everyone, Iíve never posted on this and only found out it existed last night and have been reading the stickies for hours but I canít see anything regarding my situation and I think Iíve really messed up.

    In late November i got a parking ticket from smart parking for being parked in a car park without paying. They are correct I didnít pay. It was gone 8pm, there was only one other car parked there and I stupidly presumed it was free after 6pm. I stayed there until 11pm.

    Iíve not been driving that long and never received a ticket before and Iím such a fool I thought you just ignore parking tickets not from the council so when I got the ticket from smart parking a few weeks after, i did nothing and I binned it. The charge was £60 and I was being made redundant that month too so I just saw a bill that I thought I could bin and not have to pay so I got rid of it. Then a month after that, I received a letter form drp(the usual threatening of court action and the fine became £160) and received another one today from drp.

    Now I know you ignore DRP and I will, however, should I go back to smart parking and see if I can pay them directly? Or do I wait for the court letter? I donít even have the ref code to write to smart parking as I binned that letter so would they find my case from the drp ref number? As itís been over 2 months, I doubt I can appeal this anyway? If it went to court, am I guaranteed to lose as 1: I never appealed to smart parking or even acknowledged this invoice with them (Iíve been ignoring) and 2: I did actually Park without paying. Although in another thread someone won an appeal being parked in the same car park I was in at a similar time due to the signage not being clear (as well as other reasons)

    Please advise. I will never presume anywhere is free to park and hopefully never get a ticket again and if I do I wonít ignore

    Best regards

    DollyPartoni
Page 1
    • waamo
    • By waamo 8th Jan 18, 8:53 PM
    • 2,299 Posts
    • 2,748 Thanks
    waamo
    • #2
    • 8th Jan 18, 8:53 PM
    • #2
    • 8th Jan 18, 8:53 PM
    Read ALL of this thread. There are sections on debt collectors and the court process

    http://forums.moneysavingexpert.com/showthread.php?t=4816822
    This space for hire.
    • nosferatu1001
    • By nosferatu1001 8th Jan 18, 9:41 PM
    • 1,579 Posts
    • 1,727 Thanks
    nosferatu1001
    • #3
    • 8th Jan 18, 9:41 PM
    • #3
    • 8th Jan 18, 9:41 PM
    Also don’t believe smart do court...
    • Dollypartoni
    • By Dollypartoni 8th Jan 18, 9:42 PM
    • 4 Posts
    • 0 Thanks
    Dollypartoni
    • #4
    • 8th Jan 18, 9:42 PM
    Thank
    • #4
    • 8th Jan 18, 9:42 PM
    Thanks for the link I have read it all. As Iíve not yet received a court notice, I am wanting to know if I should contact smart parking (even though I got the Ďinvoiceí over 2 months ago and regrettably never appealed this with them) or wait and see f I get a court order? I will be emailing the debt collection agency tomorrow as on the stickie. Thanks
    • DoaM
    • By DoaM 8th Jan 18, 9:51 PM
    • 3,784 Posts
    • 3,841 Thanks
    DoaM
    • #5
    • 8th Jan 18, 9:51 PM
    • #5
    • 8th Jan 18, 9:51 PM
    If you've missed the appeal window then just ignore them and any debt collector letters, and only respond to a real letter before claim or court papers. This is all clearly explained in the NEWBIES thread, which does NOT say to email the debt collector - in fact it says the exact opposite! The only people you could be emailing are the landowners to get them to tell Smart to cancel the PCN.

    As Michael Winner used to say in the Esure adverts ... Calm down dear!
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Umkomaas
    • By Umkomaas 8th Jan 18, 9:55 PM
    • 16,390 Posts
    • 25,490 Thanks
    Umkomaas
    • #6
    • 8th Jan 18, 9:55 PM
    • #6
    • 8th Jan 18, 9:55 PM
    Smart parking - am I guaranteed to lose if it went to court


    No one is ever ‘guaranteed to lose if it went to court’.

    If you lost to Smart it would mean that you would be the first one to lose at court to them, because you’d be the very first one we’ve ever seen them ‘take to court’.

    Sleep easy, the bogeyman doesn’t exist.

    Have you complained to the landowner and assertively asked them to get this cancelled?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Dollypartoni
    • By Dollypartoni 8th Jan 18, 10:02 PM
    • 4 Posts
    • 0 Thanks
    Dollypartoni
    • #7
    • 8th Jan 18, 10:02 PM
    • #7
    • 8th Jan 18, 10:02 PM
    Thanks for your reply. On the stickie thread it says Ďif you have letters from any debt collector such as Debt Recovery Plus or Zenith and are on the face of it, too late to 'appeal', then (if in England/Wales) either ignore them or robustly respond. Ď so I was going to email them the template that was posted on the stickie thread? Do you suggest I just ignore them?
    • Dollypartoni
    • By Dollypartoni 8th Jan 18, 10:04 PM
    • 4 Posts
    • 0 Thanks
    Dollypartoni
    • #8
    • 8th Jan 18, 10:04 PM
    • #8
    • 8th Jan 18, 10:04 PM
    The car park is near the town centre near a dual carriageway so no idea who the landowner is
    • Umkomaas
    • By Umkomaas 8th Jan 18, 10:05 PM
    • 16,390 Posts
    • 25,490 Thanks
    Umkomaas
    • #9
    • 8th Jan 18, 10:05 PM
    • #9
    • 8th Jan 18, 10:05 PM
    Do you suggest I just ignore them?
    Yes. Nothing you might send them (other than a cheque) will make a blind bit of difference.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Umkomaas
    • By Umkomaas 8th Jan 18, 10:08 PM
    • 16,390 Posts
    • 25,490 Thanks
    Umkomaas
    The car park is near the town centre near a dual carriageway so no idea who the landowner is
    Originally posted by Dollypartoni
    Do some research. Local Authority Planning Department. Local Rating Office. Google. Land Registry will give it to you on a plate for 3 quid.

    You need to take control. You can’t remain an island in the stream on this. It certainly isn’t what we are!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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