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Please HELP- Parking Charge Notice

Hi There,

I am hoping someone can offer me some advice.

I was landed with a Parking Charge Notice a couple of months ago from a Supermarket.

Having looked up some advice online and on MoneySavingExpert, I interpreted that a private parking ticket is not a fine, and they do not have an official right to fine an individual, and just make it look as though they do.

So, I ignored both the notices I received from Smart Parking Ltd.

I have now received a letter from Debt Recovery Plus Ltd, stating that if I do not pay the (now inflated) fee, they will recommend the creditors solicitor to take court action. It looks extremely official, and now I am thinking I should have just paid the fine in the first place.

The letter states that under Schedule 4 of the Protection of Freedoms Act 2012, the creditor has the right to recover unpaid parking charges from the keeper of the vehicle.

Any advice on what I should do? Pay it, or just ignore it? Will they actually take me to court?

Please help fellow community! :(

Thanks,

Orange66

Comments

  • Hovite_2
    Hovite_2 Posts: 749 Forumite
    Certainly don't pay !

    Firstly, my answer assumes this took place in England or Wales and that as well as the registered keeper you were also the driver.

    Did you get a packet put on you windscreen or just via the post as the registered keeper ? If via the post did you get it 14 days or less AFTER the original "transgression" ? If not then it is automatically invalid.

    If not then you should continue to ignore - Smart do not do court as they aren't that Smart ! You'll get a few strongly worded letters suggesting doom and gloom but that will be it.
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 July 2013 at 1:38PM
    Oh really?

    If you had looked at the advice here, you would have already seen that the the DRP letter is an established part of the scam. So why on earth do you think you - "should have just paid the fine in the first place"?

    And why do you persist in calling it a fine when it is nothing of the sort?

    And its pushing a year since POFA came into force, so all the recent advice is good. Just follow that. :)
  • Thanks for the reply guys :o

    Yes, it took place in England, and it came via the post, and the first notice came 9 days after the 'offence'.

    And no, I wasn't driving; it was my husband!

    The supermarket has a maximum 1 hour parking rule I think, and he claims on the date, he parked to go pick up a prescription, and then left, and I called later asking him to pick up some groceries, and so he went back. So the notice claims he parked for over 3 hours, but I know this is based on first and last entry on that date; not per visit.

    My gut feeling was not to pay it. But this letter from DRP looks awfully official, and I guess I panicked.

    I did ring the DRP though this morning though, and said I do not agree with the fine, and wasn't driving etc. Have I shot myself in the foot? Or shall I just continue to live in ignorant bliss?? :-)
  • Hovite_2
    Hovite_2 Posts: 749 Forumite
    edited 8 July 2013 at 3:01PM
    You have two choices then :

    1. Continue to ignore. Smart Parking haven't done court before so the chance of you being the first is, well, as likely as me pulling Kelly Brook !

    2. Write back naming your husband as the driver ( with his name and address ). This immediately stops them chasing you. Your husband will then get the chance to put a soft appeal into Smart before then costing them £32 to ultimately drop the charge.

    If you pick option 2 then come back when your husband gets his invoice.

    Above all, don't worry !

    EDIT - it's designed to look scary. If it looked all fluffy etc then nobody would pay up !
  • Thanks for the advice.

    I think I'm going for option 1 then, and ignoring it...

    What's the worst that can happen?? :D

    What made me laugh though, was the Collections Advisor offered me a £23 discount if I paid by 17:00 today. But any later, then the discount would expire and no longer be valid. It was a one time offer only.

    Con artists, or what?!
  • Umkomaas
    Umkomaas Posts: 43,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Orange66 wrote: »
    Thanks for the advice.

    I think I'm going for option 1 then, and ignoring it...

    What's the worst that can happen?? :D

    What made me laugh though, was the Collections Advisor offered me a £23 discount if I paid by 17:00 today. But any later, then the discount would expire and no longer be valid. It was a one time offer only.

    Con artists, or what?!

    Hovite spends the night with Kelly Brook :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • Hovite_2
    Hovite_2 Posts: 749 Forumite
    Umkomaas wrote: »
    Hovite spends the night with Kelly Brook :)

    That might be the worst thing for Kelly but far from it for me :smileyhea
  • Coupon-mad
    Coupon-mad Posts: 153,080 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 July 2013 at 6:28PM
    Orange66 wrote: »
    Thanks for the advice.

    Con artists, or what?!



    Yep, no idea why you phoned these chancers up, honestly, never contact a debt collector as they are toothless:

    http://forums.pepipoo.com/index.php?showtopic=78495

    I post as SchoolRunMum on pepipoo and look how often we on MSE and on pepipoo, get a thread saying 'help I have got a DRP letter'. Look at the links I posted to that poster. Nothing has changed. Laugh at the DRP and Zenith letters which use the same template signature for 'Claire' and for 'James'!

    But surely you WILL be complaining to Asda about this con?! Send an email to their Head Office and keep on at them. See what I posted for someone on pepipoo to send to Jonathan Bottomley (Executive Relations, apparently) at Asda, who often wastes his time standing up for Smart Parking (not good enough IMHO, not good customer service):

    http://forums.pepipoo.com/index.php?showtopic=79646

    Post #9 there was my suggestion. I do believe in calling a spade a spade (or even a shovel)!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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