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Initial PCN and debt recovery letter not received

EECA
EECA Posts: 1 Newbie
First Anniversary
edited 14 October 2018 at 10:06PM in Parking tickets, fines & parking
Hi, I'm here on behalf of my mother who was issued a PCN for overstaying in Haven Banks retail park carpark (Exeter), operated by Smart Parking. I'd received a PCN at the same carpark a year ago and went down the advised route of not disclosing the name of the driver and stating the reasons why the fine was invalid and, fortunately, it was waived. However, my mum had moved house and not updated her address and so the first she knew of the alledged offence (02/08/18) was the DRP Ltd letter demanding £160 which she received well past the appeal date. My mum asked me to help but added that my brother had called DRP who naturally didn't want to know; she wasn't sure what he said, but I have a feeling he probably let the cat out of the bag re the driver, however I still went to the appeals page of Smart Parking and sent them the template foud on your sticky page , adding that Smart Parking had no evidence visible to my mum detailing how much time had been paid for - my mother swears she paid the full amount and was back in time, she was certainly exited within two hours (1 hour 59 minutes according to the in and out times) but I can't state for certain she paid the correct amount - but the timing certainly suggests that she thought she'd paid for two hours. I also asked how the contravention could have occurred at the time stated as this was the time the car entered the car park i.e. what could be considered a contravention of rules at this point in time? Smart Parking has responded, or rather DRP has, simply stating that the car overstayed and the PCN was correctly and legitimately issued as a result. She now has until 23/10 to pay the £160.

Are there any other options than (a) head in the sand and ignore it or (b) cough up - for example would it still be possible to get a popla number by stating a named driver?

Advice gratefully received please...

Thanks :j

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 October 2018 at 10:20PM
    Nothing else to be done now other than ignoring debt collectors letters and waiting patiently for either a Letter of Claim or official court correspondence.

    Here are your chances of court:

    http://www.parkingappeals.info/companydata/Smart_Parking.html

    Over nine hundred thousand tickets issued over the last three years but only fifty-four court appearances.

    17000:1 - I'd take those odds any day.


    Do post again on this thread if you do receive a Letter of Claim or a Claim Form from the County Court Business Centre - they have up to six years to chase the debt.
  • Umkomaas
    Umkomaas Posts: 43,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do post again on this thread if you do receive a Letter of Claim or a Claim Form from the County Court Business Centre
    Pop some paragraphs into any further posts please, so as to break up walls of pretty unreadable text.
    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
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