Smart Parking/DRP Court action

nat21luv

Hi All,


I have followed the flowchart and instructions to appeal but I have just received a letter from Debt Recovery Plus after sending a template letter stating that I had no intention of paying and asking their client to provide a LBC. (Sorry, I cant remember what the template is called)


Their reply states '(refers to BPA code of practice) The time to challenge the charge has now expired and therefore access to POPLA is no longer available'...'signs were clearly displayed and PCN was legitimately and correctly issued'...'I must also stress that sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition I would recommend professional legal action to be sought'


Where do I go from here? Feeling a bit worried now...


All help very, very gratefully received.


Nat.

bazster

DRP are toothless, gutless debt collector scum who cannot take legal action and should be ignored.

Smart are toothless, gutless PPC scum who never take legal action and should be ignored.

bod1467

Was there a windscreen PCN at all? (Or a claim that there was one?) If no then the keeper always has the option to name the driver ... the driver can then appeal in their own name and follow the NEWBIES guide.

Alternative you can probably safely ignore - Smart don't do court (yet anyway), DRP can't do court.

Edit: SNAP!

nat21luv

There was a PCN attached to the windscreen, yes




So, should I ignore? _pale_

Redx

in that case nothing you can do but ignore anything that isnt an LBC or an MCOL or court papers

the time to have dealt with this was either when the windscreen ticket was issued, or preferably the NTK

nat21luv

Ok, thank you. Is it likely that I will receive one or all of the above? (Bar the court papers perhaps)

Redx

nat21luv wrote: »

Ok, thank you. Is it likely that I will receive one or all of the above? (Bar the court papers perhaps)

there are no guarantees but your questions above were answered in post #3

ie:- we can only go off past history, not possible future outcomes

nat21luv

Thank you for your help all.

Coupon-mad

nat21luv wrote: »

There was a PCN attached to the windscreen, yes


I have just received a letter from Debt Recovery Plus

So, should I ignore? _pale_

The NEWBIEs sticky asks for no new threads about DRP letters precisely because this tedious well-trodden (on!) letter chain has been discussed to death! And thousands of threads about those letters are here for you to read, as well as the section in the sticky thread about 'debt collection stage'.

Letters - so what?! Big deal, the long-term regulars here have all ignored them in the past before POPLA; what do you think used to happen before POPLA appeal existed? Yes, we always laughed at and ignored the debt collector letter chains. That's why I say there are thousands of threads already here for you to read because you could look back seven or eight YEARS and find the same stuff. Day in day out we used to get these threads and they aren't needed, it's all already been said and that's why there's a whole section on this subject in the NEWBIES thread.

You only need to search the word 'Recovery' or 'Zenith' (their alter ego) to find results about DRP and Zenith letter chains. Search and read some. And read the links & advice already here under 'debt recovery stage' in the NEWBIES thread. And if you are not too bored by then, if you really want to see the letters, look at 'PPC Letter chains' (a sticky among Crabman's forum stickies, third from the top of the forum. Click on the old pre-Oct 2012 link there (not the one that leads to pepipoo forum) and bore yourself silly with the letters.

What happened when you complained to Asda like in all the dozens of examples in 'Successful Complaints about PPCs' sticky thread? We presume it was Asda. Complain to the Store Manager in person, take ANY receipts that show you are a regular customer, and take the offending letters, slam them down on the CS desk (if it was Asda!) and demand to speak to the Store Manager. Don't do it before reading the sticky thread about it, you need to know what fob-off lies NOT to accept from Asda as an answer.

Then get on with life even if the Store Manager is useless. Smart Parking have never sued anyone and cannot sue the keeper as they don't use a POFA 2012 compliant NTK letter. Keep those letters just in case but you'll never need them.

Am I right in assuming that you appealed 'too late' having wrongly ignored the NTK? If so, it was only ever an exercise in stating your point and telling them to 'do one', you know, it was not going to stop these letters but the retailer can.