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Help! Smart Parking taking me to court

Guys

This is my dilemma .....

So in November my dad received a fine from Smart Parking, to which I appealed. I received a letter on the 5th January saying the appeal has been neglected. Therefore the deadline to pay is 20th January. So my dad paid on the 20th January. To avoid any hassle.

The payment went through on the 23rd January.

Since then we keep getting letters asking for £120 because the account has been left opened. After much debate i got proof from the bank that the payment was done on the deadline day so no need to pay the extra £120. DRPL who are the debt collector have emailed saying the statement shows the payment went through on the 23rd arghhhhhh. Once i sent the proof from NatWest. The debt company are now saying my dad paid £10 less. The fine was £60 not £50.

Ok, my dad's not silly to phone up and say I'm only going to pay £50. Why would he do that? I'm sure the customer service agent has made the error but there is no record.

Now DRPL are saying there client will be taking this to court as from their side they sent letters saying we underpaid. But we don't have any of the letters? Ie we didn't receive any.

I'm not too sure what to do and I'm really worried......
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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Optimusf wrote: »
    Guys

    This is my dilemma .....

    So in November my dad received a fine from Smart Parking, to which I appealed. I received a letter on the 5th January saying the appeal has been neglected. Therefore the deadline to pay is 20th January. So my dad paid on the 20th January. To avoid any hassle.

    The payment went through on the 23rd January.

    Since then we keep getting letters asking for £120 because the account has been left opened. After much debate i got proof from the bank that the payment was done on the deadline day so no need to pay the extra £120. DRPL who are the debt collector have emailed saying the statement shows the payment went through on the 23rd arghhhhhh. Once i sent the proof from NatWest. The debt company are now saying my dad paid £10 less. The fine was £60 not £50.

    Ok, my dad's not silly to phone up and say I'm only going to pay £50. Why would he do that? I'm sure the customer service agent has made the error but there is no record.

    Now DRPL are saying there client will be taking this to court as from their side they sent letters saying we underpaid. But we don't have any of the letters? Ie we didn't receive any.

    I'm not too sure what to do and I'm really worried......

    So, did the proof from Natwest show £60 or £50 and was this paid to Smart or DRP ???

    Forget DRP they are the biggest lot of idiots around and they can do nothing
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Post four of the Newbies Sticky covers DRP in its entirety - you have no reason to be worried about them!

    See also the "Read this before posting another DRP thread" thread.
  • Optimusf
    Optimusf Posts: 55 Forumite
    Eighth Anniversary 10 Posts Name Dropper
    Hey

    The payment showed £50 from NatWest. .....
  • Optimusf
    Optimusf Posts: 55 Forumite
    Eighth Anniversary 10 Posts Name Dropper
    I wish I came across this thread before. I think when i made the appeal i may have said my dad was waiting in the car ......Have i backed myself in the corner
  • leeda84
    leeda84 Posts: 62 Forumite
    Depends if you said that your dad had parked or was driving at any time - he may well have been waiting in the car ... but you can wait in a car as a passenger ;)

    Was the original charge for £50 or £60?
  • Optimusf
    Optimusf Posts: 55 Forumite
    Eighth Anniversary 10 Posts Name Dropper
    I can't find the letter with the original charge :(

    I think i said something along the lines that my dad had parked because his car was overheating.....
  • Umkomaas
    Umkomaas Posts: 44,526 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Now DRPL are saying there client will be taking this to court as from their side they sent letters saying we underpaid.
    No they are not taking anyone to court! Please read the letter very carefully, then come back and tell us exactly what it says!

    Smart taking someone to court over £10? Hysterical. :rotfl:

    http://www.bmpa.eu/companydata/Smart_Parking.html
    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
    Optimusf wrote: »
    Hey

    The payment showed £50 from NatWest. .....

    Was this over the phone and who did he pay
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Optimusf wrote: »
    I wish I came across this thread before.

    Indeed then your dad wouldn't have had to pay a penny to (not so) Smart Parking.

    Did they contact your dad after he paid the £50 to say "hang on fella you're a tenner short here"?

    If not and they've simply passed it to DRP' and increased the charge then they've failed to mitigate their loss - and this will not go down well in court.

    Has he tried offering the extra £10 and telling them to s*d off?
  • Optimusf
    Optimusf Posts: 55 Forumite
    Eighth Anniversary 10 Posts Name Dropper
    My dad paid smart parking over the phone. Surely they would know what the fine was!

    I haven't received a letter for court. But drpl said to me over the phone that this will go to court
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