Smart Parking ltd

Emma_Garratt

Hi everyone,

Apologies if this has been covered in previous threads - I have read the newbie thread and others but have a few questions. To outline scenario:
1. PCN received from Smart Parking Ltd in Aug for parking at doctors surgery (the driver entered the reg no. into the system as requested but I the keeper still received PCN)
2. I ignored the PCN and the NK (stupid I know - should have searched on here earlier)
3. Received letter from Debt Recovery Plus
4. Equally stupidly called them (panicked). Said I was not going to pay. They negotiated a discount. Still said I wouldn't pay. I said I had missed the appeal deadline due to holiday/family circumstances (very bad liar, shoudn't have called them)
5. Went on this website and have now wised up and will not contact DRP again
6. Want to challenge notice but am struggling with writing a letter explaining my reason for appeal (was legitimately parked there) without identifying myself as the driver.

I've found the templates and was going to send the following:

(To smart Parking)
[FONT=&quot]Dear Sir or Madam,

I am the Registered Keeper of vehicle with registration mark *** and I am in receipt of your speculative invoice. I can confirm I was the Registered
Keeper at the date of the alleged parking event, 25/08/2017.

Due to family circumstances I have only recently become aware of your parking charge letter. Your 28 day limit to appeal fails to meet your legal obligations under The Alternative Dispute Resolution for Consumer Disputes stated in Schedule 3 Para 11(e) in line with Directive 2013/11/EU Article 5(4)(e).

I am appealing your charge as of today’s date as the registration details were provided for the registered keepers vehicle as requested at the doctors surgery. There is nothing whatsoever to prevent your company from considering a challenge at any stage. Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules. I have notified Debt Recovery Plus of the above and requested they do not contact me again.

Please therefore cancel the charge or provide me with the means to refer the
matter to POPLA.

Should I not hear from you within reasonable time I will assume you have decided to cancel the charge.

Yours sincerely,[/FONT]
[FONT=&quot]
[/FONT]
(to DRP)



[FONT=&quot] [FONT=&quot]I deny any debt to Debt Recovery Plus Ltd.[/FONT]

[FONT=&quot]Please refer this matter back to your client and do not contact me further.[/FONT]



[FONT=&quot]Yours faithfully,[/FONT]
[FONT=&quot]
[/FONT]

Thoughts? Or given that I have called DRP have I messed it all up?


Thanks in anticipation

[/FONT]

Redx

you should be IGNORING drp, post #4 of the NEWBIES sticky thread tells you this

if you wish to appeal to not so SMART , as KEEPER , then do so without giving away who was driving

if you really think you want to write to DRP, then yes use a cease and desist letter - refer back to client

it wont stop DRP harassing you though

not so SMART have 6 years to issue an LBC or MCOL , come back for advice if they do

DRP are powerless, avoid all contact is the best option for those numpties

Emma_Garratt

Thank you, your forum is so helpful. I appreciate the above seems obvious to you but to people who don't know about this stuff it is very intimidating!

My actions were before I found this forum (1 hr ago!). I won't contact DRP again and don't mind them harassing me.

I will look out for the LBC or MCOL but will otherwise ignore their threats.

Many thanks.

System

Your 28 day limit to appeal fails to meet your legal obligations under The Alternative Dispute Resolution for Consumer Disputes stated in Schedule 3 Para 11(e) in line with Directive 2013/11/EU Article 5(4)(e).

Though you quote the EU Directive, it is the transposed UK legislation which counts. In this case it is "The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015"

http://eur-lex.europa.eu/legal-content/EN/NIM/?uri=celex:32013L0011

Emma_Garratt

Thank you

Redx

Emma_Garratt wrote: »

Thank you, your forum is so helpful. I appreciate the above seems obvious to you but to people who don't know about this stuff it is very intimidating!

My actions were before I found this forum (1 hr ago!). I won't contact DRP again and don't mind them harassing me.

I will look out for the LBC or MCOL but will otherwise ignore their threats.

Many thanks.

we agree

and I agree I cannot help you deal with past transgressions like ringing or contacting DRP

but you said you had read the NEWBIES sticky thread which tells you to IGNORE drp, so thats a given

BUT , if you wish to follow the 2 paths you laid out earlier , you need to have the wordings correct (even if it does you no good at all)

not so SMART will refer you back to DRP and say its in their hands

DRP just want all of your money , they arent interested in anything else

MY ADVICE is to ignore them both , until or unless you get an LBC or an MCOL

KeithP

OP, you would be wise to edit your original post to avoid clues as to who was driving.

For example in point 1. of your pre-amble the bit in brackets should read:

the driver entered the reg no. into the system as requested but I, the keeper, still received PCN

Review the rest of your post similarly.

You should also remove your vehicle registration number from your first draft letter.

Is your forum username your real name?
Don't answer that here, but if it is then you need to get it changed to something more anonymous.
To do that, hit the Report button on your post and ask the MSE Forum Team for their help.

The reason for saying all this because PPCs monitor forums like this and can use any information found against you.

Emma_Garratt

Thanks Keith, such a rookie. Thanks others as well. I will just ignore the notices if this is what you advise.

Umkomaas

Smart Parking have been notable for their avoidance of taking motorists through the small claims court, although this year they’ve tried a small few for the first time ever.

When those motorists affected have come to the forum for advice on developing a defence, on submission of that defence to the court, Smart have instantly discontinued. In addition, since 1 October 2017, there are new pre-action protocols that need to be followed and which place considerable additional work on a PPC wishing to legally pursue a small claim, which might well totally cool their ardour!

Almost three quarters of a million tickets issued in the past couple of years, just 8 court cases - and we know of at least 3 which have been discontinued.

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

While I can’t guarantee anything, I can’t see this ever getting to a court hearing.

1505grandad

Have you complained to the doctors?