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lifeboat quay poole......

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  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @OP - how old is this parking charge? Smart were bounced out of Asda months ago (maybe coming up to 12 months now) and ParkingEye have taken over.

    I rather suspect the letter to which you refer is from Debt Recovery Plus (or Zenith - same outfit) rather than from Smart.

    Have you recently changed address?
    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
    Smart Parking was given the sack by Asda as from the 30th of April 2016
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    beamerguy wrote: »
    Smart Parking was given the sack by Asda as from the 30th of April 2016

    Spot on with my guesstimate of 12 months! :)
    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
  • breadboy05
    breadboy05 Posts: 13 Forumite
    Fruitcake wrote: »
    A private company or individual cannot fine anybody. What you have received is not therefore a fine, so please don't refer to it as such because,
    1) It annoys the regulars who are trying to help you,
    2) In the unlikely event of court, calling it a fine will imply that you are giving it some legitimacy that it does not have.

    Don't 'phone anyone.
    Complain to the BPA and DVLA that Not so Smart have gone straight to debt collection without issuing a NTK.
    Complain to ASDA management/CEO (not customer services) that genuine customers are being scammed and if they want to retain you and everyone you know as customers they should cancel this fifthwith.
    If they tell you they don't own the land, they are probably lying. ASDA usually do but for some reason try to spread the myth that they don't.

    Leave negative feedback on social media to warn other shoppers about the scam, especially if Associated Dairies won't/don't help.

    In any case, treat this as the NTK and send the BPA template in blue to Not so Smart. Do not contact debt drawlers at all, ever.

    Complain to your MP, Mrs May, and Andrew Jones MP telling them that your vote is dependent on their response. Also tell them to contact the Right Honourable Jacob Rees-Mogg MP who is very knowledgeable on this subject and and was very forceful about it in a recent parliamentary debate on the subject.

    ok ok .... so it's not a fine, all that you have mentioned will get complaints
  • breadboy05
    breadboy05 Posts: 13 Forumite
    Coupon-mad wrote: »
    Get a grip, it's only Smart. Calm down.

    Even when they tried a claim last month, a poster here got it discontinued by defending it, with our help.



    Why do you say 'for what its worth?' It is only Smart and we see these fake PCNs off every day of the week!

    The registered keeper (you?) can appeal if the first letter was dated May. This is simple to appeal for a keeper, using the BPA Appeal template in the NEWBIES thread at the top of the forum. DO NOT imply the driver, at all. Use the template.

    And what happened when you (as you would) complained to the Store Manager at Asda to cancel this piece of trash?

    as stated before, complaints going out like a cluster bomb going off......
  • breadboy05
    breadboy05 Posts: 13 Forumite
    beamerguy wrote: »
    Smart Parking was given the sack by Asda as from the 30th of April 2016

    interesting, as The creditor is: Smart Parking and the date of the offence is 01/04/17
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    breadboy05 wrote: »
    interesting, as The creditor is: Smart Parking and the date of the offence is 01/04/17

    You need to check with the local Asda as to what Smart's status was on that date.

    Is this a larger retail park where Asda is but one of the occupiers?
    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
  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    breadboy05 wrote: »
    interesting, as The creditor is: Smart Parking and the date of the offence is 01/04/17

    But the Notice to Keeper is dated May? So appeal as keeper, and win at POPLA (or even on first appeal, as long as the driver is not implied).

    Maybe this is a site where the contract means Smart can't be kicked out till a certain date. Or maybe it's a multi-retail site where they are contracted by the landowner/agent.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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