Smart Parking - Gladstone Solicitors Letter

jonkong

I have just received a letter from Gladstone Solicitors. It says "We have been instructed by Smart Parking Ltd in relation to the above debt". I would like some help and advice, I have looked through other post and the Newbie section, but can't find anything similar to my case.

Back in September 2017 I parked in a car park at some local shops which using uses Smart Parking Ltd which has 3 hours free parking. I have used the car park many times each time getting a ticket, but on this occation the two machines in the car park where out of order so I couldn't get a ticket. About 3 weeks I received a PCN from Smart Parking with pictures of my car from their ANPR system. I went through what I thought was the correct motions, I appealed to Smart Parking which they rejected. I then appealed to POPLA using the reference Smart Parking. This was also rejected, I didn't know about this forum when I appealed... I wish I had.
I have since received several letters from DRP and one from Zenith, today I received a letter from Gladstone Solicitors, I will scan and attach if anyone needs to read it.
From what I can get from reading it they are offering me the opportunity to pay the £150 which DRP were asking for, the original PCN was for £80 with the reduction to £48.

At the location of the car park, there are two car parks separated by a road with a zebra crossing. Smart Parking side of the appeal was that there was one ticket machine in the car park working, it turns out that the machine they claim was working is located in the other car park. I was parked in the car park for 23 minutes and 12 seconds according to the ANPR well with in the 3 hours.

Can anyone help me with what I should do next. The letter does say that they are taking me to court but that the client has the option to.

Thanks in advance for any help and advice

Umkomaas

I have just received a letter from Gladstone Solicitors.

Really? To whom does the letter tell you to pay this charge?

I have since received several letters from DRP and one from Zenith,

And who do you think Zenith are?

Check the bottom r/h corner of their letter - the bit in light grey text.

BillyMorgan009

jonkong wrote: »

Thanks in advance for any help and advice

Here's the simple advice from someone who's been to Court and beaten these car park cowboys (UKCPM not Smart on that occasion)...1. do not pay. 2. stay in this forum. 3. Read the Newbies and other threads CAREFULLY and thoroughly. 4. Follow the advice of the experienced people here who will help you.


I've had multiple letters from (Not so)Smart and subsequently DRP and Zenith and i think the last one was Gladstones much like the one you describe. It's gone quiet on the letters front for me and Smart (so i've read here) aren't so keen as some of the other firms to actually make a Court claim against you.


Billy

jonkong

Umkomaas wrote: »

Really? To whom does the letter tell you to pay this charge?

It says to pay DRP.

BillyMorgan009

jonkong wrote: »

It says to pay DRP.

Well don't!!!

waamo

It's from DRP on Gladstone headed paper. It's a debt collectors letter. The Newbies thread has a section on debt collectors letters and what to do.

Redx

and read this https://forums.moneysavingexpert.com/discussion/5859454/debt-collectors-drp-zzps-what-they-dont-want-you-to-know

The_Deep

If all the machines were out of action, how can you pay? Why did PoPLA find for the PPC?

Let them take you to court, imo they would struggle.

jonkong

The_Deep wrote: »

If all the machines were out of action, how can you pay? Why did PoPLA find for the PPC?

Let them take you to court, imo they would struggle.

#

The "site" as Smartparking call it, has 2 car parks they are seperated by a road which has a zebra crossing. There is one that is where M&S is located (the one I used) which has 2 ticket machines, which they have now increased to 3. The other car park which is situated by a restaurant has 1 machine. I tried the 2 machines in the M&S car park but neither were working, it turns out the one in the restaurant car park was.

Smartparking provided "evidence" to POPLA to show that a machine was issuing tickets at the time I was there. After seeing this "evidence" I went and checked the serial numbers on the 3 machines, the only one issuing tickets was the one by the restaurant.
The evidence was a print out from Smartparking's system and showed that later in the day that the 2 other machines were working (but not at the time I was there), so POPLA said "From this evidence I can see that three payment machines were taking money and issuing tickets at the site on the date of the event." They don't seem to care that the evidence showed that neither of 2 machines I tried didn't issue any tickets that day until 12:25 which was over 2 hours after I had left and M&S was quite busy at the time I was there, I was only there 23 minutes and you get 3 hours free.

In my appeal to Smartparking, they stated "on the date of contravention there was 1 ticket machine working successfully by printing tickets throughout the course of the entire day, including the time in which you remained on site".

Everyone I showed the POPLA appeal to couldn't believe they rejected my appeal.

And the thing is the first 3 hours parking is free, but you had to obtain a ticket with you correct registration. A month after the date I got the PCN they changed the system, so that you don't have to get a ticket for the 3 hours free parking.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Mepy

I was caught by smart parking after signing the book in the travelodge and being told it was fine to park there for a family function. Now got a letter from gladstones