"Smart Parking" charge

Semilanceata

"Smart almost always just cancel when they get sent the appeal template from the NEWBIES thread"

From the thread I just saw, it looks as though 'debt recovery plus' will just send more letters asking for more money even if I was to appeal to smart parking at this stage.

You seem quite stern in your reply, but need to realise that we are not all so legally minded or experienced in this sort of thing.
And it is a LOT of information to have to study, with many different companies and many different results.

It's hard to understand, it's not a matter of being lazy.
It's a matter of being scared and not knowing what to do about the situation (even with much research)

Guys_Dad

Semilanceata wrote: »

"Smart almost always just cancel when they get sent the appeal template from the NEWBIES thread"

From the thread I just saw, it looks as though 'debt recovery plus' will just send more letters asking for more money even if I was to appeal to smart parking at this stage.

You seem quite stern in your reply, but need to realise that we are not all so legally minded or experienced in this sort of thing.
And it is a LOT of information to have to study, with many different companies and many different results.

It's hard to understand, it's not a matter of being lazy.
It's a matter of being scared and not knowing what to do about the situation (even with much research)

I was stern in my reply because way back in October you didn't bother replying to posts 2, 3 or 4 where we may have been able to help you appeal - and win - at POPLA.

So now you are getting debt collector letters and coming back on when it was so unnecessary in the first place.

You didn't even have the courtesy to acknowledge the people who took time out to try to help. Why should we spend more tine now?

However, you need do nothing unless you get any court letters from Northampton as debt collectors without the backing of a court judgement are powerless.

Coupon-mad

Semilanceata wrote: »

"Smart almost always just cancel when they get sent the appeal template from the NEWBIES thread"

From the thread I just saw, it looks as though 'debt recovery plus' will just send more letters asking for more money even if I was to appeal to smart parking at this stage.

You are not comparing like with like.

I've said 'if you send the first appeal to SMART then they will likely cancel even if it is sent to them late' (and you can submit it online to Smart so it takes just minutes!).

You've said 'but I've read that sending the robust response to DRP doesn't 'work'.

Not the same thing; not the same letter, not the same recipient. Of course the robust response to DRP doesn't get a case cancelled (doesn't 'work' like that and it's not designed to work like that. It's merely a response you CAN send to DRP if you are one of those people who doesn't want to do nothing re the debt collector letters). Personally I sit firmly in the camp that says IGNORE debt collectors, yawn yawn yawn, hate the tedious subject, so what if people get letters?! What do newbies actually think we all did before there was any appeal? Yes we all flippin well collected these letters for almost a decade and laughed at them on threads every day:

https://forums.moneysavingexpert.com/discussion/3829727

So now, forget stupid DRP letters and do that template appeal to Smart like you were advised to in the Newbies thread, and here, several times already. Please don't ask about removing some of the template first appeal or whether the silly signs were compliant, or the NTK was compliant (neither are, that's why the template first appeal states it as a standard letter). Just use it all if it fits in the appeal box on Smart parking's appeal page, and if it doesn't let you appeal online now, just post the silly thing as a snail mail letter instead.

See Smart Parking appeal successes mentioned by newbies, among others, here, just the tip of the iceberg though:

https://forums.moneysavingexpert.com/discussion/comment/64869779#Comment_64869779

Come on, just appeal. Not difficult. I am a 50-something Mum of 4 with a full time job and no legal training and if I get it, with my scatterbrain, then you can too.

Semilanceata

Thank you so much for the replies.

I do appreciate it, I am just terrible at this sort of thing.
I will do as suggested and attempt at appeal.

The worry I have is that in that most of the 'late appeal' threads I see replies from PPCs, DRP, etc, stating that "according to BPA code of practice point 22.7 you're only allowed 28 days to appeal"

Coupon-mad

Not from Smart. And why worry, seeing as they don't use a Notice to Keeper which is capable of keeper liability? It was a 'Notice to Owner' wasn't it, with no wording from the POFA schedule 4, nothing about the keeper being liable. So why on earth would a keeper, who hasn't implied who was driving, worry?!

AltheHibby

Please take the advice from CM. I know ex staff from Smart. They freely told me that Smart know they have no legal means to enforce payment. So just do the appeal and get them off your back.

Semilanceata

Thanks again for the help.

One more thing, the last letter I had from debt recovery plus threatened they would 'pass my details on to a solicitor who may start court action against me' if I hadn't paid up by the 15th.

I simply haven't had time to get that appeal letter out yet because of the hours I work,

Is this something to worry about?

I plan to send the appeal letter tomorrow morning,
But Smart won't see it until after the 15, and DRP may have started these court proceedings?

Guys_Dad

Semilanceata wrote: »

Thanks again for the help.

One more thing, the last letter I had from debt recovery plus threatened they would 'pass my details on to a solicitor who may start court action against me' if I hadn't paid up by the 15th.

I simply haven't had time to get that appeal letter out yet because of the hours I work,

Is this something to worry about?

I plan to send the appeal letter tomorrow morning,
But Smart won't see it until after the 15, and DRP may have started these court proceedings?

And I may win the roll-over lottery this weekend.

You are worrying about nothing as far as DRP and the supposed solicitor are concerned,

Coupon-mad

DRP may have started these court proceedings?

DRP cannot start Court proceedings!

You haven't read any DRP threads then!

T81_madlizzy

Had a letter - dropping the parking charge...:j thanks for all the advice and for those people like me, don't hesitate to take the fight on!!
Thanks
:beer: