Never received PCN from Smart Parking, straight to DRP

sophiesausages

Hi all

I really appreciate the time people take to read these and give advice. I've read the newbies post but can't find what to do in this situation.

Last week I got a letter from DRP demanding £160 for a parking charge on 21/11/16. They want paying by 17th Jan. It was for a car park which I attend every 6 weeks and having checked my calendar I did have an appointment that day there. The car park is for a small shopping centre, there's only about 25 spaces. I was surprised to receive the notice as I always pay for a ticket. If I remember correctly it's 70p for half an hour.

Now, I know what I did next is a catalogue of mistakes so please go easy on me! I was angry and worried so rang up DRP asking what it was all about as I always pay for my parking. She was pleasant enough on the phone but in hindsight it was probably to trick me into saying I was driving, which I did. On the letter it says the reason for the issue was 'overstayed paid time'. The phone lady said that I'd probably just put my VRM details in incorrectly and I needed to ring Smart Parking. I asked why I was getting a letter off a debt collector and she said it was because I hadn't replied to Smart Parking's letter. I explained I'd received nothing and she said she would get a copy off Smart and email it to me. Still waiting for that.

I then rang Smart Parking to see what it was all about. I think I may have told them I was driving as well She said a letter was post out on the 24th November and as I hadn't replied they'd referred it to DRP. She told me that it wasn't that I'd overstayed the time, I hadn't got a ticket at all. Then I remember that the ticket machine was out of service that day. I'd parked in my usual spot, looked towards the machine, seen the front with A4 handwritten note on it, correctly assumed the machine was out of order and gone to my appointment.
I stayed for 29 minutes apparently (70 pence).

I said to the lady that nothing had been stuck on my windscreen and she said it was ANPR. I had no idea it was ANPR. She checked 'the systems' which stated that yes they acknowledged that the machine was broken that day, but there was another machine I could have used.

I have been parking there for years and am on autopilot in that car park. The one I use is in the corner, by itself, I always use that one and have never had any trouble at all. Apparently there is another on, by the entrance, but I have never noticed it. It must be new- apparently they took over the car park in May 2016 so I assume it was put in then.
She told me any appeals would have to be through DRP now.

I've then looked online and realised all the mistakes I made regarding my admission of being driver...

Today I've rang POPLA who obviously can't help me as I don't have the POPLA number as I never received the PCN. They said I am entitled to the chance to appeal which I have not been allowed. They told me to ring the British Parking Association, which I did and I listened to a nice recorded message... So that was a waste of time.

I then rang Smart asking for the details of the landowner and she said she couldn't due to data protection. Also asked for the tracking number for the letter they sent on 24th November. They say they don't track their post. I asked for proof of postage, explaining that all my other post including Christmas post and this debt collector's letter has found me fine. She said they didn't have proof but she wasn't allowed to lie! I explained that I wanted to appeal, they said it had to be through DRP. I said DRP will just refer it back to you when I don't pay them, so can you tell me what will happen next? Are you going to send me to court? She started panicking and it sounded like she was reading from a script, something about it being out of their hands... she was shouting in the end and hung up on me :-/

Now, I don't know what to do next. I've missed my chance to appeal and feel like I maybe would have had a fairly good chance. I'm currently off work due to PTSD, supposed to be recuperating. My thoughts can be very scattered due to the condition and I don't know if I've got it in me to eloquently put my side forward without getting cross. I've considered using a 3rd party service to fight the ticket for me as I have stuff on my mind- is this a good/ bad idea?

Thanks in advance for reading and any advice.

Sophie

Coupon-mad

You've been wasting your time!

Never call a PPC or debt collector. It really is just a matter of ignoring DRP and Zenith letters, as is covered in post #4 of the NEWBIES thread.

Also there is a thread all about 'ignoring debt collectors, here:

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

Is this England or Wales or Scotland? Scotland is different, still ignore though.

Half_way

Unless I'm mistaken the can't pprovide details due to data protection is a red herring, unless the owner is a private individual.
If it's a retail park/shopping centre it should be easy to find the owner/responsible party.

sophiesausages

Coupon-mad wrote: »

You've been wasting your time!

Never call a PPC or debt collector. It really is just a matter of ignoring DRP and Zenith letters, as is covered in post #4 of the NEWBIES thread.

Also there is a thread all about 'ignoring debt collectors, here:


Is this England or Wales or Scotland? Scotland is different, still ignore though.

Yes, thanks, unfortunately like lots of people I rang the phone number to find out what it was all about before looking online.

I understand that I need to ignore DRP, and I read post 4, but I want to appeal and have no been given the option to as I never received a PCN. Is there a way that I can do this and have Smart breached anything by not allowing me this? Is there a letter I can write? Basically, what do I do next?

sophiesausages

Half_way wrote: »

Unless I'm mistaken the can't pprovide details due to data protection is a red herring, unless the owner is a private individual.
If it's a retail park/shopping centre it should be easy to find the owner/responsible party.

It's only a tiny little collect of shops in a rural town. I guess I could do into one of the shops and ask who their landlord is.
This woman on the phone wouldn't have told me even if she was allowed to. She sounded very young and inexperienced and followed a script.

rsarda

Sophie,
Well I did the same mistake myself today. I never received the PCN because I hadn't updated the address on the V5c so it must have gone to the old address. I received the letter from DRP today and I called up Smart Parking who runs the car park and they said they can't help and I have to call DRP and then I called DRP and offered to pay the actual fine instead of the £160. The person would not budge and I refused to pay.

I don't remember if I said that I was driving.

I really can't deal with the hassle but this particular car park for a Hilton hotel is like a parking trap and several of my colleagues have received PCNs (didn't know before)

No idea what I should do next. Really can't deal with this hassle...

Thanks
RS

sophiesausages

rsarda wrote: »

Sophie,
Well I did the same mistake myself today. I never received the PCN because I hadn't updated the address on the V5c so it must have gone to the old address. I received the letter from DRP today and I called up Smart Parking who runs the car park and they said they can't help and I have to call DRP and then I called DRP and offered to pay the actual fine instead of the £160. The person would not budge and I refused to pay.

I don't remember if I said that I was driving.

I really can't deal with the hassle but this particular car park for a Hilton hotel is like a parking trap and several of my colleagues have received PCNs (didn't know before)

No idea what I should do next. Really can't deal with this hassle...

Thanks
RS

I've just written an email to the owner of the land (which happens to be Co-Op). My brother has access to the Land Registry but I think anyone can pay to access it. It might be worth googling or looking on there to see if you can find out who owns it and appealing to them? They are Smart Parking's client after all.
I am not going to contact DRP or Smart now and if a court summons appears I guess I will deal with it then. I really have very little fight in me at the moment. I'll update this thread if/ when anything happens.

Coupon-mad

but I want to appeal and have no been given the option to as I never received a PCN. Is there a way that I can do this

No. You can't appeal but you are doing the right thing to complain to the landowner, as explained in the NEWBIES thread.

rsarda wrote: »

I really can't deal with the hassle but this particular car park for a Hilton hotel is like a parking trap and several of my colleagues have received PCNs (didn't know before)

No idea what I should do next. Really can't deal with this hassle...

What, some letters from a firm who never sue people? I'm not sure what you are calling 'hassle'! It's only Smart Parking!

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

Sooooo...now tell us the % likelihood of a court claim, going by the numbers of PCNs they issue! Of all the parking firms to be worried about, this is not one of them. Look at the figures.

Google 'Smart Parking Debt Recovery Plus' and tell us how many times you can find an instance of Smart trying anything more than letters? Clue - you will be looking forever.

Most of us here have ignored parking firms and letters, it is amusing! I have done it myself, before POPLA existed and the sky does not fall in. Do you also wobble so much when you get phishing emails? How is a letter chain of drivel any different? Easy to ignore. Don't tell us your colleagues have actually PAID MONEY to Smart Parking, please...surely some have (as anyone would) complained to the landowner and some have had the sense to Google them.

sophiesausages

As an update, Co-Op basically told me where to go, and didn't really answer my questions. I asked to be directed to the complaints department and instead, they forwarded it to Smart Parking, who replied saying it was my responsibility to keep my details up to date with the DVLA....?
My details with the DVLA are correct and always have been.
So I have emailed the DVLA with a subject access request asking who has asked for my details, when, why etc.
I've also jumped on Co-Op's Facebook site and asked them to use some common sense (politely). They've replied that Smart Parking would be emailing me. Not doing themselves any favours really. I was going to renew my insurance with Co-Op today and have gone with Direct Line instead- so they've lost £550 over a 70p ticket!

[QUOTE
Most of us here have ignored parking firms and letters, it is amusing! I have done it myself, before POPLA existed and the sky does not fall in. Do you also wobble so much when you get phishing emails? How is a letter chain of drivel any different? Easy to ignore. Don't tell us your colleagues have actually PAID MONEY to Smart Parking, please...surely some have (as anyone would) complained to the landowner and some have had the sense to Google them.[/QUOTE]

For those of us who haven't had parking tickets before and get a letter demanding a large amount of money, it's a shock and we're aren't in the position that you clearly are where these things aren't intimidating. Remember that SMART/ DRP prey on vulnerable or less confident people who believe their 'official' manner of writing. So don't be surprised or be patronising when people show up on this forum who fit that demographic.

Guys_Dad

sophiesausages wrote: »

For those of us who haven't had parking tickets before and get a letter demanding a large amount of money, it's a shock and we're aren't in the position that you clearly are where these things aren't intimidating. Remember that SMART/ DRP prey on vulnerable or less confident people who believe their 'official' manner of writing. So don't be surprised or be patronising when people show up on this forum who fit that demographic.

I think writing "No idea what I should do next. Really can't deal with this hassle..."wasn't the best way to endear yourself to the forum regulars. Bluntly, if you can't deal with the hassle, then why should anyone else do it for your for free?

I am sure that you probably didn't meant it to come over like that, but..............

And a Coupon Mad is the major contributor on here and well respected by the others, suggest you don't bite the hand.....

System

so they've lost £550 over a 70p ticket!

Good. If they are in business to look after their members, then they've lost sight sight of that. No wonder they had that farce with the Co-op bank.