LBC Smart Parking LTD - HELP PLEASE

LanaDN

Quentin what if the keeper of the vehicle doesn't have a defence?

Quentin

But you have lots of help available to construct one in the FAQ!

And plenty of time to do so.

MistyZ

Okay, in addition to a thorough read of the relevant Newbies' section, read through any posts in which people are learning how to handle a potential court hearing. You very likely will have a defence because the parking companies are scammers, they are not 'respectable' businesses, they wring money out of the unwary on the slightest of pretexts and often cross lines. Therefore those who challenge their appalling practices have a fair chance of winning on technicalities.

Bear in mind that the experienced regulars here are very responsible, they don't give false hope and they know their stuff. The deal is that you push yourself to learn more and they give more detailed advice when you reach the limit of what you can understand .... or something like that! Anyway they're extremely busy here so can't spoon feed, but oh boy do they rally round when the chips are down!

Have a calm read through relevant posts, make notes / keep links to anything that jumps out - start a 'fight back' document on your computer or in a notebook.

LanaDN

Thank you all. I've done all I can in terms of responding to Smart/Gladstones for now so I'll educate myself with regards to the potential court hearing and preparing a defence.

LanaDN

What happens if there are more PCNs that the keeper of the vehicle hasn't been made aware of yet? Does the SAR reveal all of them?

LanaDN

I think the previous poster was right about paying being the best option for me. I can't handle the anxiety and the stress this is causing me, I'm in a really bad place because of it.

Quentin

That advice is not the advice of anyone else here!

Don't make a hasty decision based on that "advice"

Coupon-mad

What happens next? I've read the Newbies section but still can't see how I won't end up paying if I am actually 'guilty'. Am I being thick?

If you pay, then you will have been scammed. It would be STUPID to pay.

Have you missed the fact that Smart Parking can't hold registered keepers liable? The simple matter that they issue NON-POFA PCNs only?

Of course you have a defence!

But have you exhausted complaining to B&M?

And have you now done that SAR and rectification notice? Please do that and calm down.

LanaDN wrote: »

I've woke up with new anxiety today. Last year I parked in a council run car park outside an educational institute - I was in lessons and forgot to pay via the app as I usually do. Went back to find a sticker on my windscreen, pulled it off and never got round to paying it. I assumed they'd forgot but now I realise that they will have probably been sending me letters to my old address too. What if I have a CCJ already?

Councils cannot cause a CCJ, but they can escalate to bailiffs who could trace your new address in years to come.

So you need to contact that Council and tell them you are concerned about an old PCN that you believe was placed on the car around xx/xx/18 but you heard nothing about, and you want to know the status and the PCN number of that one, so you can file an Out of Time Declaration with the TEC, to reset that one to appeal stage, as you never received the NTO.

Pepipoo will tell you how to do this, with simple forms to send to the TEC.

MistyZ

I know this is a parking forum, not one about tackling anxiety, but part of the reason I'm encouraging you to continue (apart from thinking you've got a good chance) is that in my experience just giving up can make anxiety worse.

There's this real issue ... you moved house and are therefore now worried about the implications of that in terms of parking charges. Some of the things you need to do to find out whether your concerns are warranted sound a little demanding. But think about it ... if you do one thing at a time - just plod ahead step by step - the picture will become clearer and may well not be nearly as bad as you fear it is.

For a start, Coupon-mad just told you that Smart issue non-POFA PCNs. I didn't know that but it's great news which improves your chances of success at a stroke.

She tells you to contact the council. Well I could follow those steps, and I like the sound of an 'out of time declaration' (more good news from C-m - who, incidentally, is briliant) but I have no idea what the TEC is. So first thing I'd do is google that. If I couldn't find out what it is, I'd ask here. Then, on Monday, I'd phone or email the council.

And you need to join Pepipoo to get hold of the relevant forms. Also, I bet a search on there will show you what the TEC is. (Apologies if you do actually know what one is already!)

Lots to do ... but why give in now? You could save yourself a lot of money & tackle anxiety by not giving in to it.

Edit: TEC = Traffic Enforcement Centre
https://courttribunalfinder.service.gov.uk/courts/traffic-enforcement-centre-tec

LanaDN

Sorry, I don't know how to quote other people's posts to make things clearer but...

I have sent both the SAR and the rectification notice. I've also contacted B&M who said the whole thing about appeals going through Smart, but now I'm thinking I should go back and explain even further that this is past appeal stage as the PCNs are from last year and have only just been brought to my attention.

I will contact the council on Monday and hopefully sort things out with regards to the other thing.