Smart Parking Ltd and Topher Ltd

Geraldine_Bunny

Just a quickie, I hope, as I've managed (stupidly) to get "fined" by both these guys in the same car park. One part is homebase, the other sainsburys but all the signs are the same, same attendents etc.

I've now had a letter from Debt Recovery Plus representing Smart Parking for my first offence (sainsburys section of the car park) as I've ignored the "ticket" and subsequent letter.

In the meantime I somehow overstayed my welcome in Homebase, didn't get anything on the car but have now got a letter with the photos of my arriving and leaving.

I guess what I'm really asking is, what are the chances of either of these companies taking me to court? I should add that my husband is the registered keeper so all correspondence is coming to him, but I was driving both times!

BTW I have read up on all your very useful advice, I just got confused regarding the POPLA option as I don't think that's available to me anymore on the first ticket.

Sorry, I have 2 small children and the obligatory lack of sleep (plus worrying about this) is making me flaky!

Coupon-mad

Are Topher Ltd in the AOS scheme (Google it and check, sorry I am at work!). And is this in England/Wales?

If yes to both quesitons, then the advice is not to appeal to a windscreen PCN but to wait for the first letter.

Was this a postal PCN anyway, so have you yet got a letter from Topher? When you have (if they are an AOS member and you're in England/Wales) then challenge it with a 'soft' challenge, the wording for which you will find shown on other threads around yours now on page one/two of this forum.

Then if rejected it will be POPLA stage. Read other threads about that and come back before sending that appeal. The wording is paramount that you get it right, to win that stage appeal.

With Smart Parking, no they don't do court (so far...) and if you are getting DRP and Zenith junk mail just ignore it (you are too late to appeal that one, yes). I say 'so far' because we can't 100% promise a PPC won't have a rush of blood to the head one day and try a few small claims. hence open all the junk mail adn as long as it's only threatograms form DRP or Zenith carry on ignoring and filing it all in a drawer marked 'scam'!

nigelbb

How confusing. Homebase used to be Sainsbury's Homebase but that was in those far off halcyon days before PPCs infested retail car parks.

HO87

@C_M Topher Ltd are an AOS member.

@OP Did you park in both sections or just the once? Your wording suggests that you've got two tickets for the same thing?

Geraldine_Bunny

Hello again.

yes I am in England, and it was 2 tickets on 2 separate occasions, (I know!) in what, to me, is the same car park. But I guess it's not!

I have received a letter from Topher Ltd so I will check out the info you suggest and send them a letter asap.

Thanks for the advice about Smart Parking, I'm not so worried about court, I just don't want some burly baliffs coming around trying to take my tele!

I'll let you know what happens in both cases too, thanks again!

Kite2010

Would be interesting to see if there is any dividing line between the 2 parts of the car-park.

Geraldine_Bunny

Afternoon all, hope you're enjoying the sunshine!

Just to update got letters regarding both my tickets today (which is wierd, is the postman in on this?!)

The latest from Debt Recovery Plus on behalf of Smart parking are offering me a reduced payment to avoid court proceedings. I think this is a bit desperate...

Topher, however, have replied to my request for a POPLA code with the following "we are fully aware that the letter you have forwarded is a standard letter (it wasn't, I read a few and put my own together) that has no bearing on any of the specific circumstances of this case, and we cannot accept it in place of a genuine appeal."

They then ask me to set out my reasons for appealing, mitigating circumstances etc and kindly offer to hold the charge for another 14 days.

They do not mention POPLA at all.

What thinkest thou?

Stroma

Make a complaint to popla, bpa, and dvla about this, you've challenged their ticket they must either accept or reject it, they cannot dictate to you what you put in the challenge. Write back with this

Ref

Dear Topher,

Thank you for the reply dated xxxxx , under the bpa code of practice you have no right to dictate what is an appeal. Now you have 35 days from the original challenge to you to either accept or reject.

Your company have been reported for refusing the legal right of the keeper to use Popla. There is nothing further to add to the challenge, if you do nothing it's automatically accepted .


Sincerely

Stroma

By the way ignore Debt Recovery Plus and Zenith Collections when the write next, they are the same company. Check the signatures of Claire and Jason

Coupon-mad

Stroma wrote: »

By the way ignore Debt Recovery Plus and Zenith Collections when the write next, they are the same company. Check the signatures of Claire and Jason

No it's Claire and James!

https://forums.moneysavingexpert.com/discussion/3829727

:rotfl:

Guys_Dad

Stroma wrote: »

Make a complaint to popla, bpa, and dvla about this, you've challenged their ticket they must either accept or reject it, they cannot dictate to you what you put in the challenge. Write back with this

Ref

Dear Topher,

Thank you for the reply dated xxxxx , under the bpa code of practice you have no right to dictate what is an appeal. Now you have 35 days from the original challenge to you to either accept or reject.

Your company have been reported for refusing the legal right of the keeper to use Popla. There is nothing further to add to the challenge, if you do nothing it's automatically accepted .


Sincerely

Nice one. I like it.

You could even add ""we are fully aware that the letter you have forwarded is a standard rejection. that has no bearing on any of the specific appeal points of this case, and we cannot accept it in place of a genuine rejection of our appeal" between stroma's 2 paragraphs.