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dreaded Smart Parking..!!

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Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    Have you read and understood what was written? YOU don't write to them ... the REGISTERED KEEPER writes to them.

    (If you have written AS the registered keeper's name then fair enough).

    I know it sounds pedantic, but you volunteering yourself as the driver does not necessarily mean the keeper has discharged their liabilities under POFA, unless the letter is written from their name.
  • gillmumof2
    gillmumof2 Posts: 7 Forumite
    I have written as though I am the registered keeper (although in my partners name) and then put my own name forward as the driver of the vehicle on the day the notice was issued.
  • Hot_Bring
    Hot_Bring Posts: 1,596 Forumite
    gillmumof2 wrote: »
    I have written as though I am the registered keeper (although in my partners name) and then put my own name forward as the driver of the vehicle on the day the notice was issued.

    Spot on :money:
    "The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
  • gillmumof2
    gillmumof2 Posts: 7 Forumite
    what happens next - do they then write again issuing notice in my name back at £40 or something else? What do I then need to do when they write to me.. or do they write to me???
  • bod1467
    bod1467 Posts: 15,214 Forumite
    They should send you your own PCN. (The keeper sending the letter "resets the clock" in forum-speak). You then appeal it as per the NEWBIES thread. I suggest you read that thread (again, if you have already). :)
  • atilla
    atilla Posts: 862 Forumite
    Part of the Furniture Combo Breaker
    gillmumof2 wrote: »
    what happens next - do they then write again issuing notice in my name back at £40 or something else? What do I then need to do when they write to me.. or do they write to me???
    What happens is you stop worrying. You won't be paying anything to not so smart.
    Just play the game.
  • Sorry guys to ask your help again; I have received a letter from DRP and they have quoted:

    "As per the British Parking Association's *BPA) code of practice, Point 22.7 the driver/keeper/hirer was allowed 28 days from the date the PCN was issued to challenge the PLCN. The time to challenge the cahrge has now expired and therefore access to the Independent Appeals Service (POPLA) is no longer available.

    However in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issues and is still payable in full.

    My findings
    the site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued. The terms were breached because the vehicles was parked for longer than the time allowed on the site.

    Internet templates
    I must also stress that simply sending in standard template responses, most likely obtained from the internet will not resolve the matter. in addition I would recommend that professional legal advise be sought on this matter as an alternative.

    What you need do to now
    Please pay £120 by 30th May. blah blah payonline la la

    What will happen if you do not pay what you owe
    If you do not pay the full amount by the date shown above, I will pass your case to our legal team, who will consider taking legal action to recover what is due.

    What if you do not agree
    Although any corrspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.

    More information
    This parking charge has been issued under the terms of the Protection of Freedoms Act 2012. To comply with that act, we may need to write to you at specified times until the account is settled.

    Signed by the Collections Manager"

    my letter as discussed above would have pasted in the post - shall i do nothing in response to this letter or respond - as they say they might not respond....

    I havent received anything else from them in the way of addressed to me and my works address and the other half is now insistant that he pays....

    Please help.... :o(
  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 May 2014 at 2:23PM
    I would be surprised if, when you searched this forum for 'my findings Debt Recovery Plus' as keywords you didn't find enough other threads about this same template letter? It's an obvious computer template (the headings tend to give it away) that you only have to pick a salient word or two to search for on this forum. Here's just one result but if you search you will see loads of people have copied out that template letter as if it means something:

    https://forums.moneysavingexpert.com/discussion/comment/65489750#Comment_65489750
    the other half is now insistent that he pays...
    Sorry but that's deluded and naïve in the extreme; he wants to PAY just because he got the next stupid template letter?!

    Is a debt collector the same as a bailiff? - StepChange...

    Click and watch the above video together. Wise up or scams 'get' you. These debt collectors do not call round they just send letters, come on please get wise!

    If this was Asda what happened when you complained about all these letters as harassment, to the Store Manager? As you would when being harassed and sent threatograms for shopping?! What happened when you went in and slapped all the letters down on the CS desk along with any recent receipts to show you WERE ex-customers before this rubbish, and icily but politely demanded to talk to the Store Manager about cancelling this pathetic pretend 'fine' (do not believe any rubbish from the CS desk that they 'don't own the car park so can't do anything'). Loads of people have got these cancelled by Asda like that.

    As well as complaining VERY ASSERTIVELY (but politely at all times, and NO it is NOT too late to complain to the retailer) send DRP a version of a letter like Gan's suggestion on pepipoo here:

    http://forums.pepipoo.com/index.php?showtopic=89295&st=40&p=964443&#entry964443

    You could even head it up 'My Findings' if you like (I would)!! Do it in the name of the registered keeper and reiterate who was driving AGAIN. Obviously that example was written for a case where the driver's address was a foreign addy and the PPC didn't 'like' it, so you'd need to amend the words a little bit.
    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
  • HO87
    HO87 Posts: 4,296 Forumite
    @gillmumof2

    If it helps, SmartParking - the well-known oxymoron - do not "do" court.

    So what if you use a template? They've sent you a template answer for goodness sake.

    Did you send your appeal to DR+ or Smart?

    As C-M has suggested - read around the subject. There is absolutely no good reason why you or your OH should even be contemplating paying up. A little persistence here will see you pay a big fat ZERO - because that is all that either of these companies are due.

    You've got here, now use the information we're offering you to save yourself money - that is what we are doing here. It is no joke, this isn't a wind-up.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
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