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Some help and advice please

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Hello everyone some advice please :)
We went on holiday too Newquay the end of May
And half way through July we had a parking ticket turn up out of the blue it informed us they had failed to contact us initially as it appears our details are wrong and had got a company in to search for our details . The reason is we recently moved house and the v5 was mid address change . I contacted the ticket company requesting a break down of the landlords costs as it was an extortionate amount and for how long had we overstayed I think it was approx 3 minutes . I explained the delay was due to heavy traffic entering the car park basically a stand off between 2 vans and I had copies of the parking tickets we had during our stay and had extended already. The reply received eventually yesterday was an automated rubbish " you parked in the car park so in doing so agreed to the terms etc etc not one of my questions was answered or even acknowledged and the bottom of the letter some manager says if we reply to this letter without payment there was no guarantee it would be read/acknowledged ??? At a loss what to do as I do not want to go to court or pay £160 for a few minutes :(
Advice would be much appreciated
«1

Comments

  • Please start by telling us the following:

    Name of the parking company sending you the charge.
    The date the "offence" happened.
    The date you received the parking charge notice.

    Also, when you contacted the parking company, did you tell them you were the driver of the car (very important)?

    When you've done that, go and have a good read of the "newbie" thread at the top of this part of the forum, which will explain how this all works, and why these questions have been asked of you.
  • Umkomaas
    Umkomaas Posts: 43,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sounds like this is already at DRP stage (£160) and smells like Smart Parking.

    Fistral Bay by any chance?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Yes the first let I received said Drp and £160 ? And you are quite correct fistful bay what made you say that ?
    The second letter which is a total waste of time basically gives a pay by this date or further action will be taken
    And so far I have not admitted driving the car only said "we" struggled to leave the car park if that helps ?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 August 2016 at 11:25AM
    you havent answered all the questions , unless you mean FISTRAL BEACH ?

    if its Fistral , its one of the most common complaints on the forums , it was PE and now its not so SMART , but there are maybe 3 in Newquay that are common , but FISTRAL is the main one

    but you can IGNORE DRP

    https://forums.moneysavingexpert.com/discussion/5035663

    its an LBC or an MCOL from the PPC or court you dont ignore
  • Yes sorry fistral beach ,
    I was considering replying to this latest letter, putting it to this so called mangers attention and saying you have failed to answer any of my questions or at least acknowledge them and have said I am outside the time to appeal even though you failed to send me a letter within that timescale so I could not have appealed and I look forward to the answers too my questions promptly to allow me time to consider My next decision before your date of the 24th the Most important too me is how long I overstayed to warrant £160 fine
    what's your opinion please ladies and gents or what would you do ? Sorry if I am being a pain never had a ticket before and to me this is a LOT of money
  • Umkomaas
    Umkomaas Posts: 43,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 August 2016 at 11:39AM
    Ignore everything from DRP - nothing you can ask/say/write/complain to them will change things in your favour. In fact it will single you out for even more attention than you're going to get by ignoring them - they'll see you as a worried, hooked fish, who with a bit more hassle, will cave and pay.

    That's about it OP, as per Redx's advice. You're on the merry go round for the next six years, a few harassing letters from DRP (no need to come back every time you get one of those - read newbies sticky post #4 for all you need to know about debt crawlers) and possibly some from Zenith - same firm, different desk.

    Only come back if you get a LBA/LBCCC (see newbies sticky for acronyms) - and that could only come from Smart.

    Chances of a court case? Read this link:

    http://www.bmpa.eu/companydata/Smart_Parking.html

    Pushing half a million tickets issued in past couple of years, never been near a courtroom yet.


    Have you complained to the owners of the car park? Name escapes me at the moment, but check other Fistral threads and it will be there somewhere - husband and wife (or brother/sister) partnership.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • FLS
    FLS Posts: 1 Newbie
    Hi can anyone give me some advice...I rescently got a parking permit (june 2016) and this morning notice i had a parking ticket..i asked the ticket lady why she had issued me a ticked and she showed me that my parking permit had expired on the 5th august 2016....i cant believe i hadnt noticed thia before...the council obviously had made a mistake as the permit is for a year...will i still have to pay the ticket??
  • Umkomaas
    Umkomaas Posts: 43,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 August 2016 at 12:54PM
    Is this a council issued penalty ticket? If so please go over to PePiPoo where the council tickets experts hang out. Whatever you do, DO NOT do as you've done here and hijack someone else's thread.

    You will first need to register via an email address (but don't use a hotmail one as the site won't accept hotmail addresses), then when creating your own new thread, you must post copies of all paperwork (front and back) before anyone will deal with you there.

    http://forums.pepipoo.com/index.php?act=SF&s=&f=30

    Their success rate is extremely high.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Gojulas1 wrote: »
    Yes the first let I received said Drp and £160 ? And you are quite correct fistful bay what made you say that ?
    The second letter which is a total waste of time basically gives a pay by this date or further action will be taken
    And so far I have not admitted driving the car only said "we" struggled to leave the car park if that helps ?

    As said, YOU IGNORE DRP, they are simply worthless debt collectors who waste their time printing rubbish.

    It was then, the infamous Smart Parking, a notorious scammer who infests Fistral Beach. Smart are well known to be ignorant and never reply.

    How did we know it was Fistral Beach ? Read about the disgusting behaviour of Smart (the not so smart) Parking.

    http://parking-prankster.blogspot.co.uk/search?q=fistral+beach

    As Smart has NOT followed the correct procedure, you should issue a complaint to the British Parking Association (BPA) to which Smart are a member. You are currently being harassed by DRP because Smart failed to follow the code of practice allowing you to appeal and failed to send you a code to further appeal to POPLA

    info@britishparking.co.uk

    By the way, DRP use scare tactics regarding a case last year called Beavis (you can search for that).
    This was all about the fairness of the charge. Even Smart prattle on about this on their web site and they like to give the impression that it's a "done deal"
    WELL, it's not, Smart can be tripped up on many things, they tripped up badly recently when ASDA sacked them from all their car parks.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 August 2016 at 12:19PM
    Gojulas1 wrote: »
    Yes sorry fistral beach ,
    I was considering replying to this latest letter, putting it to this so called mangers attention and saying you have failed to answer any of my questions or at least acknowledge them and have said I am outside the time to appeal even though you failed to send me a letter within that timescale so I could not have appealed and I look forward to the answers too my questions promptly to allow me time to consider My next decision before your date of the 24th the Most important too me is how long I overstayed to warrant £160 fine
    what's your opinion please ladies and gents or what would you do ? Sorry if I am being a pain never had a ticket before and to me this is a LOT of money

    doesnt really matter what the circumstances were , they have hooked you like a fish and you can thrash about on the line for 6 years , you have no control over this process

    its not a fine either , its an invoice, just an invoice

    its also not £160 , its maybe a £100 charge for not following the rules and DRP added £60 to make some profit , which debt collectors do , but there is no compulsion to pay DRP, they are powerless

    writing to them or ringing them is futile , you cannot do anything that has not been tried thousands of times before , they dont get paid if you dont pay them , so they will pressure you into paying , even to the point of being rude, but they wont budge and nothing you say or do will make any difference

    the simple trust is

    IGNORE

    you asked for advice , that advice is

    IGNORE

    if you appealed then smart should have issued a rejection letter and a popla code

    if they havent , report them to the BPA , for a lack of a popla code

    if smart DID issue a popla code and you did not use it , then blame yourself for not checking with us at the time

    dont waste your time (or ours) with DRP/ZENITH/PCS

    WE ARE NOT INTERESTED IN THE DEBT LETTERS, JUST IGNORE THEM
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