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Not the driver. Smart Parking, Debt recovery Plus, Gladstones

I lent my car out and it was taken to Cornwall where it picked up a an invoice for overdue parking from Smart parking Ltd. They sent the invoice to me. I told them I wasn't driving and that I was some 300 miles away in Yorkshire. They ignored my efforts.
Next it was Debt recovery plus.
I told them the same. They ignored me too.
Now its Gladstone who are beating at my door with a 'Letter before claim'.
What should my response to them be?
I am happy to go to court, but of course would rather not. I have no intention of paying what has now become £170. Is it my responsibility to identify the driver at the time? Or is that their job?
I don't really want to help them get one penny.
Thank you

Comments

  • Fruitcake
    Fruitcake Posts: 59,467 Forumite
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    edited 10 March 2019 at 4:56PM
    You can identify the driver if you wish, but there is no law in this land that can force you to do so. You might also have a falling out with said driver if they end up having to pay £100 or go to court.

    When you appealed to Not so Smart, did you get a PoPLA code? If so, did you use it?

    Debt collectors have absolutely no powers and can safely be ignored.

    To whom does the Gladrags letter tell you to pay? If it says DRP then it is probably another debt crawler letter hat can be ignored.

    If it tells you to pay Not so Smart and gives thirty days to respond, then it is a real LBC. If that is the case then start by reading the guide to court written by bargepole that you will find in post 2 of the NEWBIES.

    Have you complained to the landowner where the alleged event took place?

    Have you complained to your MP about this unregulated scam?

    What was the date of the alleged event and when did the NTK arrive?
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  • Redx
    Redx Posts: 38,084 Forumite
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    if SMART followed POFA 2012 then you as KEEPER can be deemed "liable" for this, irrespective of what any driver may have done

    not naming the driver could mean that you as keeper are taken to civil court

    if a judge says you are liable , you will be required to pay, due to a CCJ in your name

    if SMART failed POFA2012 then you as keeper are not liable and its their job to identify the driver and take them to court. you do not have to help them at all, nor name the driver

    you must decide what to do, after reading post #2 and post #4 of the NEWBIES thread, third thread down from the top of this forum , plus reading the original NTK and deciding if it met POFA
  • Coupon-mad
    Coupon-mad Posts: 153,389 Forumite
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    edited 11 March 2019 at 3:29AM
    Now its Gladstone who are beating at my door with a 'Letter before claim'.
    No it isn't. It's DRP using *Gladstones* letterhead, asking for money for DRP, yes?

    Just like all the other threads about Smart, e.g.:

    https://forums.moneysavingexpert.com/discussion/5973286/smart-parking-gladstones

    I wish we could consolidate 'same subject' threads, it would save time!
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  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Yes it's the scammers DRP using Gladstones letterheads

    Gladstones are operating a WONGA type operation

    https://www.fca.org.uk/news/press-releases/wonga-pay-redress-unfair-debt-collection-practices

    The only difference is that WONGA used fake solicitors names and Gladstones are stupid enough to let their real name to be used.

    It is time that the FCA investigated this sham and the fake £60/£70 that is added where DRP is involved

    DRP offer a ‘no collection, no fee service’,
    https://www.debtrecoveryplus.co.uk/pcn-collection/

    DRP did not collect from you and Smart did not pay DRP.

    SPOT THE SCAM ..... that's what is happening to you
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Read what Oete Wishert, MP sia drecently in the House of commons and complain to your own MP.

    "I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.

    The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."


    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .
    You never know how far you can go until you go too far.
  • Thank you everyone.
    I disputed this invoice via Reslover (Money saving Expert). No replies contaned any POFA number or any reference to it.
    Would it be safe to simply write back to Gladstones before the 30 days, telling them I intend to defend any court action. The threat of court action does not worry me, but of course would prefer it not to happen.
    Again thank you to everyone's input. It is really appreciated
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    philukok wrote: »
    Thank you everyone.
    I disputed this invoice via Reslover (Money saving Expert). No replies contaned any POFA number or any reference to it.
    Would it be safe to simply write back to Gladstones before the 30 days, telling them I intend to defend any court action. The threat of court action does not worry me, but of course would prefer it not to happen.
    Again thank you to everyone's input. It is really appreciated

    Resolver is fine if you are dealing with a professional company.

    Scammers take no notice of resolver

    The letter you received was a scam asking you to pay DRP
This discussion has been closed.
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