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Read Sticky, slightly confused - help pls?

Pension_Specialist
Posts: 4 Newbie
Season's greetings all,
So I've read the sticky - which is a great help but I am a bit confused as to the steps I should be taking.
Background
I received a PCN via the post (ANPR) from Smart Parking (retail site). The site has 10 minutes free parking so I didn't pay. I overstayed by 10 minutes as the food I went to collect from the take away at the stated time - was incorrect and had to be redone.
i have been going to this site for about a decade and hadn't realised they had very recently installed an ANPR system.
They had parking attendants there who are always ok if you over stay by a short while. It was not clear from the signs driving in that it was now operating under ANPR.
So, I appealed to Smart Parking via their online system (which had photos of my car entering and leaving the site). They have not got back to me and it has been around 2 months.
Now I have a debt recovery letter from our friends at Debt Recovery Plus for £160! I tried to call both smart parking and DRP but after being on hold for over 15 minutes on each call had to stop as I'm at work.
I have sent an appeal online again to Smart Parking via their online system today explaining that I am not prepared to deal with DRP as I have not heard back from my appeal. Smart Parking and DRP are both quoting the ParkingEye vs Bevis case on their letters.
Question
My confusion is do I ignore DRP and wait for this to go to court and sort it out there? or do I write to DRP as per LazyDaisy's template?
or do I try and go back to Smart Parking to find out the stage of the appeal?
It's massively unfair that this has been passed to debt collectors before I've even heard of the outcome of my appeal.
Any help/pointers is greatly appreciated.
Regards
So I've read the sticky - which is a great help but I am a bit confused as to the steps I should be taking.
Background
I received a PCN via the post (ANPR) from Smart Parking (retail site). The site has 10 minutes free parking so I didn't pay. I overstayed by 10 minutes as the food I went to collect from the take away at the stated time - was incorrect and had to be redone.
i have been going to this site for about a decade and hadn't realised they had very recently installed an ANPR system.
They had parking attendants there who are always ok if you over stay by a short while. It was not clear from the signs driving in that it was now operating under ANPR.
So, I appealed to Smart Parking via their online system (which had photos of my car entering and leaving the site). They have not got back to me and it has been around 2 months.
Now I have a debt recovery letter from our friends at Debt Recovery Plus for £160! I tried to call both smart parking and DRP but after being on hold for over 15 minutes on each call had to stop as I'm at work.
I have sent an appeal online again to Smart Parking via their online system today explaining that I am not prepared to deal with DRP as I have not heard back from my appeal. Smart Parking and DRP are both quoting the ParkingEye vs Bevis case on their letters.
Question
My confusion is do I ignore DRP and wait for this to go to court and sort it out there? or do I write to DRP as per LazyDaisy's template?
or do I try and go back to Smart Parking to find out the stage of the appeal?
It's massively unfair that this has been passed to debt collectors before I've even heard of the outcome of my appeal.
Any help/pointers is greatly appreciated.
Regards
0
Comments
-
Pension_Specialist wrote: »So I've read the sticky...
When you read the NEWBIES FAQ sticky thread, did you see this in post #1:Always complain to the Retailer very quickly and assertively, WITH A RECEIPT IF POSSIBLE.0 -
Pension_Specialist wrote: »S I tried to call both smart parking and DRP but after being on hold for over 15 minutes on each call had to stop as I'm at work.
Never, ever, phone a parking company or DRP for any reason whatsoever.
They are not interested in anything you have to say, their sole purpose is to extort money from you by any means possible.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
So, I appealed to Smart Parking via their online system (which had photos of my car entering and leaving the site). They have not got back to me and it has been around 2 months.
Complain to the BPA then, that Smart didn't send you a POPLA code. NEWBIES thread post #5 tells you about this stage.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 THREAD0 -
Hi Keith,
Thanks for the fast response. I did read that - but I had already appealed to Smart Parking, isn't it now to late to complain to the land owner?
Also, I don't have a receipt as didn't need a ticket for the free 10 minutes parking time.
-I've re-read post #4 and it says ignore or write a robust letter then says to ignore. Which is why I got confused.
Is it write or ignore?
I think I will write the letter as per the template and add in my bit about not hearing back from the appeal.
Thanks Bargpole - I have noted this and will not make any more useless attempts at trying to get through to them.
Couponmad - thanks, I will complain to BPA too as advised.
This is making a bit more sense now as to the order of steps to take to get this mess sorted out.
My apologies if this post has clogged up the forum - feel free to delete. I will repost again if I get a court letter.
thanks again.0 -
Complain as well to the BPA and DVLA that despite you appealing to Smart and having had no response to the appeal, Smart Parking have commenced debt collection processes, in contravention of the BPA Code of Practice, Clause 22.6:22.6 When you receive a appeal about the issue of a parking charge, you must stop work on processing the charge immediately.You must not increase the charge until you have replied to the appeal.
http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf
steve.c@britishparking.co.uk
david.dunford@dvla.gsi.gov.ukPlease 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 Street0 -
isn't it now to late to complain to the land owner?
If you click on the first link in the NEWBIES thread, the one leading to a thread all about 'successful complaints about PPCs' you will see people have complained months and even years after it started, and got retailers to call the dogs off. It's about being assertive and angry as an harassed customer.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 THREAD0 -
Umkomaas - Coupon-Mad
Thank you very much. I will do all 3, complain to BPA and DVLA and to the land owner.
There's a lot of info to go through in the stickies and as a first time user here it can quite quickly become information overload.
Seriously, this clarity and just knowing what steps to take has lifted a huge weight off my shoulders.0 -
Pension_Specialist wrote: »Thanks for the fast response. I did read that - but I had already appealed to Smart Parking, isn't it now to late to complain to the land owner?
Also, I don't have a receipt as didn't need a ticket for the free 10 minutes parking time.Always complain to the Retailer very quickly and assertively, WITH A RECEIPT IF POSSIBLE.0 -
Ohh that kind of receipt! :doh:
My sole reason to ever visit this site is to pick up a takeaway pizza from one of the food outlets. This happened to be back at the end of September. That particular receipts long gone but it’s good to know for future reference.
Also I’m going to Speak to the restaurant owners see if they can help or at least shed some light on who the land owners are.0
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