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Smart Parking - missed appeal deadline and no POPLA code

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Smart Parking - missed appeal deadline and no POPLA code

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
5 replies 745 views
user24601user24601 Forumite
20 posts
Sixth Anniversary Combo Breaker
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hello,


I have spent quite a lot of time searching the forum for answers, there is a wealth of knowledge and I've learnt a lot over the past couple of years, successfully appealing two unfair parking charges with the help of this forum.


In April this year I was posted a PCN from Smart Parking for overstaying in a carpark at Newquay beach (although they do not know this, the barriers clock you in and out and they assume you don't have a ticket to show for it, in theory I could have paid for two hours and left after an hour a 20? or does the pay machine link to the camera to share reg plate info...I don't know?). I did not appeal in time, only appealing after I received a letter from Debt Recovery Plus ltd, however sent my appeal late using Smart Parking's online appeals process, which is the advice I read on another members thread which was a similar situation. I used the copy and paste appeal template on the newbies sticky thread for BPS members, editing it slightly for my situation.


I have had a reply from smart parking essentially saying that I missed the appeal date and that they have deferred my case to Debt Recovery Plus so I should take it up with them. They did not give me a POPLA code.


So now I do not know what to do. I am happy with ignoring the Debt Recovery Plus letters, as from what I gather there is nothing they can do and any court case must only come from Smart Parking, is that correct? However I am uncomfortable just leaving it there without following correct procedure and doing an independent POPLA appeal...


Would really appreciate some advice on how to tackle this further, or consequences of leaving it and ignoring it. Really cannot afford a court hearing, in terms of time and money invested in prepping. Paying £160 charge would be preferable to court in my current situation (although it would be painful as I really disagree with the private parking charges and what they can get away with!!). Looking at Smart Parking History - 0 court cases in the last three years - I think it is safe to say they wont try it?


Many thanks in advance!

Replies

  • QuentinQuentin Forumite
    40.4K posts
    ✭✭✭✭✭
    Too late for popla

    You are in debt collector stage - see newbies FAQ thread

    Come back for advice on how to defend if you get court correspondence

    You will only have to pay if you lose in court
  • user24601user24601 Forumite
    20 posts
    Sixth Anniversary Combo Breaker
    Thanks Quentin. From my interpretation of the debt collector stage I can either ignore completely, or push hard for a POPLA code, which they may refuse, but if they do it wouldn't be good for them in court, if it gets that far.


    I have read somewhere about 'resetting the clock' even outside of the appeal window, however now searching for it I cannot find it and am doubting I read it...is there such a way?
  • RedxRedx Forumite
    34.4K posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
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    naming the driver is the way of "resetting the clock" , but only if the driver is different than the keeper (the keeper received a postal letter, the PCN)

    this means that the driver loses the portection of POFA2012 (it only applies to a keeper)

    as for the popla code, a debt collector cannot issue one, so you wont get one , its as simple as that,

    so SMART refuse to issue a popla code due to the lateness of any appeal 9which they are allowed to do under the BPA CoP) and the debt collectors CANNOT issue a popla code

    so you are at an impasse (a stalemate) , so the sooner you take this onboard the better

    debt collectors can and should be ignored

    come back for advice IF not so SMART issue an LBC , or if they issue an MCOL (or if a solicitor acting for not so SMART issues either of them)

    SMART have 6 years to pursue this through the courts
  • edited 4 July 2017 at 12:00AM
    Coupon-madCoupon-mad Forumite
    95.1K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    edited 4 July 2017 at 12:00AM
    does the pay machine link to the camera to share reg plate info
    Yes.

    I would NOT NOT NOT name the driver.

    It would be throwing away your best point of defence as keeper, if they try a small claim, and would make it very difficult for a driver, who would have not many legs to stand on at POPLA, not compared to a keeper defendant.
    However I am uncomfortable just leaving it there without following correct procedure and doing an independent POPLA appeal...
    I would be more uncomfortable naming the driver who then loses at POPLA, as they can't use the usual arguments, then that person would be in a worse position if a small claim arrived, than you would as keeper.

    Right now we've seen a handful of Smart claims, which have ALL been discontinued once defended, by a KEEPER. Please don't unpick that strong position just because you are uncomfortable not trying POPLA - you missed it. Would have won it as well.

    Never mind, just ignore then if a claim arrives you are still in keeper mode, to defend.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • user24601user24601 Forumite
    20 posts
    Sixth Anniversary Combo Breaker
    Many thanks all for the sound advice! Message received - will ignore and hope this does not get to court stage.

    Thanks again!
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