Smart Parking and land ownership

Coupon-mad

I agree, and it's similar to the first link I gave in my last post which had this as one of the challenge points for this OP to copy from:

'' - Copying the name of a Local Authority Notice by including the word 'Owner' in the title of a document that must (under POFA and the CoP) simply be called a 'Notice to Keeper' is misleading. This appears to me as a clear impersonation of authority - a stance which is specifically prohibited in the CoP. ''

samueldizzle

Unfortunately i have only just returned to advise i've now received the debt recovery letter saying i owe £120 or face court action, the usual rubbish i've been reading on a few other threads on here, but missed the advise i still had time to appeal. Regardless of this, as mentioned above, the fact they sent me a Notice to Owner appears misleading and will help give more of a cause for them to quash this fake PCN?

Is this at the point now where i should be using some of the template letters to appeal and who do i appeal to? Debt recovery or BPA/APCOA?

Wish i knew a bit more about this stuff and had the knowledge of what points apply to me so any advise is more than appreciated.

samueldizzle

Further note - I'm going to go in to Asda tomorrow and have a word with their manager. I know it shouldn't but all of this harassment with the threat of court is beginning to stress me out/!!!! me off!!

Can the store manager cancel a ticket even when it's gone to debt recovery plus ltd?

zzzLazyDaisy

Did you not read Coupon's post on 18th August?

It is almost as if you were determined to miss the appeal dates!

Yes, the retailer can cancel the charge even when it has got as far as court proceedings.

Fortunately for you, Smart don't do court (so far).

antcoulsdon

You are at exactly the same point as myself. Unfortunately due to moving between the ticket and first letter I have only just become aware and only have the debtrecovery plus ltd. letter for £120.It appears my redirection has been less than 100%.At the time I had taken my father out for the day who is 86 and has a blue badge after a stroke a few years back.I do not really want smart to have my new address unless really necessary and may just wait for the court case (if it gets there).
p.s I have posted similar on pepipoo in case anyone thinks they have read this before.
Cheers.

zzzLazyDaisy

You have a 'get out' as the BPA CoP states that the PPC cannot levy a charge on a vehicle displaying a valid blue badge where the landowner gives concessions for disabled people (ie provides disabled spaces). And also the Equality Act applies, and Coupon-mad is the forum's acknowledged expert in this area and writes exocet letters. However If you want advice on this you need to start your own thread.

Parking-Prankster

Hi,

I have one of those letters from DRP too. I raised a complaint with the Credit Services Agency because the letter threatened court action, but Smart Parking have never taken action, and are not likely to. This is against the CSA code of conduct.

I blog about this here.
http://parking-prankster.blogspot.co.uk/2013/09/parking-poker-debt-recovery-plus-try.html

My letter from DRP was on behalf of CP Plus, but I have another on behalf of Smart Parking and for this one I have graciously given DRP the chance to back off before I fire in another complaint to the CSA.

The link to the FoI request showing CP Plus and Smart Parking don't do court is on the blog post somewhere.

samueldizzle

zzzLazyDaisy wrote: »

Did you not read Coupon's post on 18th August?

It is almost as if you were determined to miss the appeal dates!

Yes, the retailer can cancel the charge even when it has got as far as court proceedings.

Fortunately for you, Smart don't do court (so far).

No, i didn't intend to miss any appeal dates and i specifically mentioned 14 days to pay from the date of the letter because that's all it stipulated. If you dont pay x amount within 14 days it's being passed to debt recovery, which it has now and that's what i was referring to. I have read over the letter thoroughly and not a mention on the 28 days Coupon-mad suggested. If i had known that i would have appealed at that point.

Coupon-mad

zzzLazyDaisy wrote: »

You have a 'get out' as the BPA CoP states that the PPC cannot levy a charge on a vehicle displaying a valid blue badge where the landowner gives concessions for disabled people (ie provides disabled spaces). And also the Equality Act applies, and Coupon-mad is the forum's acknowledged expert in this area and writes exocet letters. However If you want advice on this you need to start your own thread.

Yep but Coupon-mad is out when it comes to a Palace fan. AntCoulsdon made the mistake of using that username on pepipoo too, gave the game away about where he's from. And his fake PCN was earned in Brighton on my patch too. Hope he pays it - I have deleted my advice on his pepipoo thread.

There's only one thing I hate more than PPCs...football rivalry going back the seventies runs deep. :p:p

Coupon-mad

samueldizzle wrote: »

No, i didn't intend to miss any appeal dates and i specifically mentioned 14 days to pay from the date of the letter because that's all it stipulated. If you dont pay x amount within 14 days it's being passed to debt recovery, which it has now and that's what i was referring to. I have read over the letter thoroughly and not a mention on the 28 days Coupon-mad suggested. If i had known that i would have appealed at that point.

If you had just taken our advice, or asked for clarification, instead of believing the letter from the scammers, you'd have been at POPLA appeal stage with our help by now and 100% of people win. EVERYONE wins at POPLA here.

So complaining is your only option now. So will you take this advice please (as long as you are not a Palace fan)? Go to Asda and ask to speak to the Store Manager. Do NOT accept talking to a 'Duty Manager' and certainly don't air your grievance to the teenager or frump on the CS desk or they will lie and tell you that Asda 'don't own the car park, the Council do'.

That's a lie.

So then complain assertively (not 'beggingly' and not appealing) to the Store Manager - and if no joy ask for the contact details of Asda's CEO or Executive Relation Team because you want to escalate it to an official complaint.