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Erith riverside shopping centre -smart parking PCN

Hello

I am looking for some advice regarding smart parking.

I received a letter from DRP ltd debt recovery plus on the 19/08/2017 and their letter was dated 16/08/2017. Stating that I owe them £160 for a fail to pay their client Smart Parking Ltd. The parking charge was from the 8/7/17.
The first I heard for such charges was from DRP. Never received a letter from Smart Parking Ltd.
I checked their website and saw two photographs of my vehicle and contacted them via their appeal section. On 21/08/2017 I sent two appeals via their portal and further three email via portal on 23/08/2017, 25/08/2017 and finally on the 28/08/2017 explaining my situation. I have had no reply from them. This left me no option so I contacted DRP to seek if they would contact their client and the only thing they said was that they would reduce the amount by £24 as a good will gesture due to my circumstance. If I didn't pay they would advice their client to proceed with court.

The circumstance on that day i did use that car park due to my daughter requiring toliet urgently due to an illness and that they car park states that free parking for 3 hours cover by ANPR. The vehicle used the car park for 14 minutes and 22 seconds.
It appears that you must obtain a free ticket to use the car park which I think an entrapment.
I haven't abused the parking area.
I have looked on the POPLA website and you need a code from Smart Parking as they will not engage i cannot appeal to POPLA.

I have attempted to contact a Riverside Shopping centre who are the land owner allegedly and had no answer.
I have spoken to Citizen Advise and they stated that I needed to get a code to appeal to
POPLA.

I am now worried and stuck. How do I proceed without it getting out of hand.

Do I writing a letter to POPLA asking the, to make a review
Or
Do I wait for the court date and waiting to explain the matter to the a Judge.

Any help would be appreciated
«1

Comments

  • Umkomaas
    Umkomaas Posts: 42,946 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do I writing a letter to POPLA asking the, to make a review
    Pointless - they won't without a POPLA code from Smart - who won't give you one as you've timed out.
    Do I wait for the court date and waiting to explain the matter to the a Judge.
    Which court date would that be?

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

    What you really need to do is to read the NEWBIES FAQ sticky, post # 4, which will explain what you do in regard to debt collectors.
    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
  • I have read the #4 post it appears that I made a mistake by ringing DRP. I didn't pay any money.
  • fisherjim
    fisherjim Posts: 6,981 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    So you are in ignore mode, DRP are useless money skimmers and twister of the truth with no power, Smart are docile idiots, and CAB are a waste of space when it comes to private parking tickets.

    In future you really need to get up to speed with all car parking facilities, landowners, PPC's and councils all treat them as cash cows, (PPC's are by far the worst) you must always read signage, and this can change over night.

    The good old days of quaint motoring days out are way gone I'm afraid!
  • Coupon-mad
    Coupon-mad Posts: 148,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    On 21/08/2017 I sent two appeals via their portal and further three email via portal on 23/08/2017, 25/08/2017 and finally on the 28/08/2017 explaining my situation.

    Did you say you were driving? Why? This would have been so easy to get cancelled, by sending the template appeal from post #1 of the NEWBIES thread, as registered keeper.

    Next time, get it right, it would have been a cinch.

    You CANNOT now use POPLA, you missed the chance but never mind. DO NOT PAY.

    posters here win, almost every time, when they stick around and take advice from defence through to WS and evidence stage, and before their hearing. Only one lost and no risk of paying any huge sum even if a case is lost.

    Well worth fighting. Why not get the local Councillor or MP involved to support you. Now is the time to support the Bill going through Parliament:

    https://forums.moneysavingexpert.com/discussion/comment/73050249#Comment_73050249

    http://parking-prankster.blogspot.co.uk/2017/03/parliament-discuss-unfair-parking.html

    https://forums.moneysavingexpert.com/discussion/comment/72971855#Comment_72971855

    Also complain to Trading Standards about the misleading signs offering free parking, yet expecting people to guess that they need a 'ticket' to claim that.
    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
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    this recent RAVENSDALE protest was similar

    http://www.clactonandfrintongazette.co.uk/news/15391391.More_angry_drivers_appeal_their_car_park_fines/

    it was also talked about on here too

    https://forums.moneysavingexpert.com/discussion/5675054

    so must be quite a few similar places requiring owners to get the free tickets from machines etc
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Overstaying in a shopping centre by 14 minutes is not going to shock a judge, more likely he would berate the PPC for wasting court time. Ignore them unless they take you to court when you take them to the cleaners.
    You never know how far you can go until you go too far.
  • Quick update I have had an email from Smart Parking at 1634 on 11/09/17 stating the following


    Parking Charge Notice: TC45536082
    Thank you for your recent communication.
    As per the British Parking Association code of practice (paragraph 22.7), all appeals must be submitted to us within 28 days of the Notice to Keeper being issued. Due to the length of time your PCN has been open, we have now referred this to a debt recovery (Debt Recovery Plus) who are handling the matter on our behalf. Please contact them directly if you wish to discuss this further.
    Debt Recovery Plus: 0208 234 6775 or 0141 301 2355


    In addition I also had another letter from DRP ensuring that I pay £160 by the 21/09/17. If not paid then they recommend to their client that court action my be required to get outstanding balance

    What the next course of action?
  • KeithP
    KeithP Posts: 41,254 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Td9kx2 wrote: »
    What the next course of action?
    Earlier you told us that you have read post#4 of the newbies thread.

    That was a few days ago though so refresh your memory and note the first sentence there:
    Coupon-mad wrote: »
    'IGNORE THE DEBT COLLECTORS' STAGE
  • Umkomaas
    Umkomaas Posts: 42,946 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In addition I also had another letter from DRP ensuring that I pay £160 by the 21/09/17. If not paid then they recommend to their client that court action my be required to get outstanding balance
    Yeah, yeah, yeah. Just like everyone who ignores their previous drivel gets. Has been the same for a decade or more. Tens of thousands.

    Guess how many recommendations have been made? Here's your clue - DRP only earn any money if a motorist pays them. Once it's referred back to the PPC with a 'recommendation for court action', they are no longer part of the equation and have no further access to any money from that case.

    Once a PPC hands a case over to DRP they've more or less washed their hands of it. They are not really expecting to have it passed back to them by a 'failed' DRP! Not a good advert for DRP to say, 'Sorry, boss, we've failed with the the following cases for you (yet again)!'
    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
  • Kobi11
    Kobi11 Posts: 19 Forumite
    Fourth Anniversary
    I have just got a parking fine from them. In my case I took a ticket and displayed accordingly.
    But I still got a ticket. I stayed for 16mins. They have rejected my appeal, I am now going to POPLA.
    Unfortunately, I went to car valeting after so the receipt was thrown away, which hurts!
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