Brighton marina asda ticket

antcoulsdon

I received a parking charge from smart for a date in June. 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).
I would be grateful for any advice on how to proceed with this,would them having my new address be a sign to them that I may pay up?
Thanks.

zzzLazyDaisy

Hi, thanks for starting your own thread.

The situation as it stands is that Smart do not do court (and are probably never likely to) so you are not at high risk.

However under the Equality Act 2010 the retailer does have a duty to make reasonable adjustments for its disabled customers, which includes not imposing an arbitrary time limit. It is important that these issues are raised with the retailer, and it is highly likely that the charge will be cancelled at that stage.

On a separate but related point, the BPA code of conduct expressly states that a parking company must not levy a charge against a vehicle displaying a valid blue badge where the landowner makes concessions for disabled people (ie provides disabled spaces, which Asda does).

I am sure Coupon-mad will be along soon to comment on the Equality Act point.

In the meantime take a look at this thread about people who have successfully got charges cancelled by complaining to the retailer

https://forums.moneysavingexpert.com/discussion/4766249

Guys_Dad

What I would say, however, is IF Smart did decide to do court and they issued papers addressed to your old address, and IF you didn't get them sent on, they could win a judgement by default and, as you wouldn't know, you wouldn't have had a chance to defend or pay and you WOULD get a CCJ against you.

Now all of that is a big "IF", but do weigh that up when deciding to advise them of your change of address.

If you do advise them, make sure it is in writing, with a certificate of posting and keep a copy as I wouldn't put it past a PPC to ignore your letter to win on default.

antcoulsdon

I believe smart parking do not go to court yet or am I mistaken.Also can I tell the debt agency (debtrecoveryplus) that i deny all debt and stop harassing me as I read that on another forum ?
Thanks for your replies .

zzzLazyDaisy

Smart don't have any history of going to court (yet) but Guy's Dad is right...

They have six years from the date of the parking event to make a claim, so they have plenty of time to jump on the band wagon if they so wish (and if their contract allows them to).

Re the debt company - yes you can tell them you deny the debt and to stop hassling you, but the reality is that they will probably just wait a while and start again, and there isn't much you can do about that. But the debt collectors have no power to issue court proceedings, so they try to intimidate people into paying up by sending nasty letters. The best bet is to not engage with them as it will only encourage them.

D

Firemanbill

Ignore it!

Firemanbill

zzzLazyDaisy wrote: »

Re the debt company - yes you can tell them you deny the debt and to stop hassling you, but the reality is that they will probably just wait a while and start again, and there isn't much you can do about that. But the debt collectors have no power to issue court proceedings, so they try to intimidate people into paying up by sending nasty letters. The best bet is to not engage with them as it will only encourage them.

D

I.e. Ignore.

antcoulsdon

Firemanbill wrote: »

Ignore it!

I have every intention of so doing.I would not mind a day in court though if it comes to it.Especially if I could be well tutored by some on here.:beer:

kirkbyinfurnesslad_2

antcoulsdon wrote: »

I have every intention of so doing.I would not mind a day in court though if it comes to it.Especially if I could be well tutored by some on here.:beer:

PLEASE PLEASE do not follow that persons advice, he clearly doesnt know what he is talking about

Please follow Guys Dads advice, do you really want a CCJ ?.

Hovite_2

Firemanbill wrote: »

Ignore it!

Wrong, wrong, wrong !!!!

Coupon-mad

Firemanbill wrote: »

Ignore it!

Yep, ignore it AntCoulsdon. Special advice for you.

:p:p:p:p:p:p:p:p:p:p:p:p:p:p:p

http://forums.pepipoo.com/index.php?showtopic=83876&st=0&gopid=875549&#entry875549

going down going down going down!