HELP!!! Guidance needed on unfair parking ticket

MJRE

I wondered if someone could give me some guidance.

Around 15th Aug I was shopping in Morrisons car park, I tried to pay but the machine was not working.

When I got back to the car there was a yellow pocket stuck on my car window, there was no ticket inside. I thought it was a joke from a motorist who actually got a ticket so I thought nothing of it.

I moved house on 19th Aug.

On 1st Oct 2014 we received a notice to owner re-directed to our new address; this was in my partners name as they own the car.

3rd Oct I sent an appeal, stupidly I never sent this recorded delivery. I sent this on behalf of my partner.

3rd Nov 2014 letter from DRP Ltd, this was a re-directionand the date of the letter was 24th Oct 2014, I called them to advise I had appealed against this parking charge, they were very aggressive and explained Ineeded to pay £130 immediately and that this had been passed on to them. I explained I was not paying anything until my appeal had been heard, they requested I appeal to them on line so I did on5th Nov ’14 (I have a confirmation if needed)- I gave them my new address and telephone number and I received no response from them.

28th Nov 2014- I received another letter (Dated 27/11/14)from DRP sent to my new address; this letter stated they had received noresponse from me (yet they had my new address and telephone number). They called me around this date +/1 a day, Imissed the call and called them straight back. They explained on the call they had sent a communication detailing onthe basis of probabilities my events were inaccurate and that I needed to pay£130 immediately; I never received a communication of that nature. I explained that I had still not received any response from Smart Parking Ltd and that I would not be paying anything until my appeal had been heard.

29th Nov 2014- I sent a letter to Smart Parking Ltd with a copy of my original complaint- this I did send by recorded delivery.

1st Dec 2014- I submitted another appeal to DRP Ltd online.

12th Dec 2014- I received an e-mail from DRP Ltd quoting BPAcode of practice point 22.7, the time to challenge has now expired. Detailing finding which do not address my complaint, in addition they give examples of similar cases which have lost.

13th Dec 2014- I respond by explaining they have not addressthe fundamental aspects of my complaint and that I will be contacting the BPA.

On 16th Dec 2014 I appealed to BPA; 16th January BPA said unless I could provide proof of the letter sent on 3rd Oct then they cannot assist as Smart Parking have acted within guidelines.

Not sure where to go from here.

Do I pay, do I not pay?

I do have evidence showing the machine is always breakingdown, photo's etc.

Also, DRP are sending mail to owner of the car but it was not them who were driving the car at the time. The letters I sent were in theirname but written by me- these are the letters they are claiming not to have.

All e-mails have been sent from my email address and not theirs;can I get them to write the letter denying the debt?
I have written to Morrisons.

hoohoo

The good thing is that Smart Parking's NTK are not usually compliant with POFA 2012, so only the driver is liable, which is you, not the keeper. The keeper could therefore write to smart parking, naming you as the driver, and reset the clock. You then appeal, and get the charge cancelled at popla.

Or, they could write to smart parking, explaining they were not the driver, and tell them to **** *** (go away) as there is no liability.

Or, you could ignore anything until court papers arrive. Currently they never do with smart parking, but they just employed a parkingeye senior guy to 'parkingeyeize' themselves, so this might change.

If you want us to check the NTK for correctness, post up a redacted version.

Marktheshark

Morrisons dont care, shop elsewhere is their attitude.

Get the person getting the letters to write to the parking firm not the debt collecters naming the driver and this time use a service you can prove was posted.
This should generate a PCN to the actual driver.
Write in the letter that this discharges keeper liability.
I would send two copies, recorded and one with a certificate of postage which is free.

Coupon-mad

Why another thread about DRP when the Newbies thread begs everyone not to post yet again about this well-covered silly letter chain. Stop wasting your time and Recorded Delivery postage and phone calls on this rubbish. Read the newbies thread and forget it.

Smart will not reissue a PCN (who cares really, let it lie because they don't use documents which can establish keeper liability) and Morrisons don't have a contract with Smart so they were probably employed by the retail park landowner. You could complain to the retail park overall owner/managing agent (Google it).

Finally, if any letters are saying 'the keeper is liable' you can complain to the BPA (see post #6 of the Newbies thread). Because the NTOs used by Smart are not POFA versions at all; there is no wording about keeper liability on them. And you also appealed in time after the NTO and never got sent a rejection letter or POPLA code so tell the BPA that. You don't have to prove you posted the first letter of appeal, just give them a copy and tell them the 2 dates you posted it.

Relax! STOP phoning people and STOP wasting money on postage. Read the newbies thread and ignore DRP. Complain to the BPA.

Umkomaas

Morrisons dont care, shop elsewhere is their attitude.

Which is why they are up sh/t creek, following their beleaguered CEO (P45 in hand).