What to do? Is it too late?

BabyShark_3

After searching the forum, I still haven't found an answer of what I should do now.

Basically back in July, my mother parked in a Smart Parking car park in which she had to enter her vehicle registration at the pay and display machine. A week or so later she received a PCN with pictures of her car entering the car park and stating in very small writing, "by either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted." She was confused as to why she received the PCN as she knew she had paid and still had the ticket she purchased in her bag. After inspecting the ticket, she realised that upon entering her vehicle registration, there must have already been 2 letters entered on the machine so there is 2 letters infront of her FULL registration for example ABXXXX XXX. She didn't tell me about the PCN and instead told my sister who then appealed on the Smart Parking online challenge form, even sending a picture of the ticket as evidence of payment. The problem is that my sister does not remember what she typed and believes that she probably typed in the 1st person and therefore admitted she was the driver instead of the keeper of the vehicle. My mother then received a letter from Smart Parking rejecting the appeal, along with a popla code to be used within 28 days. My mother nor my sister appealed to popla and my mother has now subsequently received 2 letters from Debt Recovery Plus. I have only just found out about this 3 months later and therefore it is now too late for a popla appeal.

My question is, is there anything I can now do? Is it too late for a popla appeal? Has my sister damaged an appeal by acting in the 1st person? Should I ignore the DRP letters?

Le_Kirk

You should ignore the debt collectors letters but keep them safe, just in case you can show harassment! You have missed the boat for a POPLA appeal if the 28 (it's actually 31) days has gone. Now you need to read the NEWBIE advice on the front page of this forum, third post down.

Umkomaas

My question is, is there anything I can now do?

Nope - 'ignoring' is what you (or more specifically, your mother) do now. Only come back if you get an unlikely LBC or MCOL Claim (acronyms in the NEWBIES FAQ sticky, post #5).

Is it too late for a popla appeal?

Yes.

Has my sister damaged an appeal by acting in the 1st person?

Only in removing any protection offered by the Protection of Freedoms Act 2012 to the keeper. Not fatal.

Should I ignore the DRP letters?

Read the NEWBIES FAQ sticky, post #4 which tells you all you need to know about debt beggars.

Guys_Dad

You should use your phone camera and record a video of how this could happen. You need this for court.

Enter 2 characters and then show you waited a minute. Then come along and enter the registration and then get the ticket showing the incorrect registration on it.

It is not the driver's fault if the equipment has no failsafe to prevent this happening.

Ralph-y

where was the car park ?


Ralph:cool:

BabyShark_3

Ralph-y wrote: »

where was the car park ?


Ralph:cool:

Altrincham, Cheshire

Ralph-y

where as in .... supermarket ... doctors ... gym ....



I am trying to see as to which landlord / landowner / company ... that you can appeal to ...



Ralph:cool:

MistyZ

BabyShark, Ralph-y's thinking is very sound.

If this was a retail or gym car park etc. then a complaint to the land owner or land manager might be a very good step to take. A virtually unavoidable error such as you describe should elicit sympathy. Add to that a good few dollops of indignation and an emphasis on money spent, loyal custom, diminishing likelihood of ever again visiting the shops or restaurant or whatever and the chances of a landowner cancelling the PCN will be excellent.

BabyShark_3

Ralph-y wrote: »

where as in .... supermarket ... doctors ... gym ....



I am trying to see as to which landlord / landowner / company ... that you can appeal to ...



Ralph:cool:

Oh sorry I misunderstood your first question.

The car park serves as a multi storey for the town centre, its not specific to any building. You do however, get 2 hours free parking if you use the local gym. The car park is behind a hospital, but again not specific to the hospital, infact the hospital doesn't have a designated car park so most people use this car park I assume. My mother was taking my sister to an appointment at the hospital thats why she was using the car park. Could I appeal to the hospital about this seeing as though they don't have any parking facilities to use?