LBC Smart Parking LTD - HELP PLEASE

LanaDN

At the moment they're asking for the original charge of £90 plus £10 admin fee - so £100 per PCN and there's unfortunately quite a few. I don't understand how to argue against what they're asking for when the driver was in the wrong.

Coupon-mad

Is this £10 admin fee described as being for the SAR? That's illegal, if so.

I don't understand how to argue against what they're asking for when the driver was in the wrong.

Yes you do, you were told and reminded a month ago by MistyZ:

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.

The keeper cannot be held liable as Smart don't bother to use the only law for that!

LanaDN

Thanks Coupon, I understand the not being able to hold the keeper liable thing but (forgive me for sounding daft) - lying in court is surely a no no? Would that be my only defence? I'm defending multiple PCNs here so it's going to be tricky explaining all of them.

Also, what is the next step? If I don't respond in the 30 days they've given me to respond to the pre-action protocol will the next step be the court document?

KeithP

LanaDN wrote: »

If I don't respond in the 30 days they've given me to respond to the pre-action protocol will the next step be the court document?

It will .

Coupon-mad

No-one has told you to lie in court.

LanaDN

I know no one here has told me to do that but I hope you know what I mean without me saying too much.

Sorry, I'm seriously panicking about this and I don't know what to do.

Coupon-mad

Smart Parking are nothing to panic about.

They cannot hold you liable and the driver does not have to be named, and there is always a defence.

Have you exhausted PLAN A, which is always to complain LOUDLY to the top banana at the retailer/landowner? Tried but gave up? Aim higher...

MistyZ

Did you go higher up with your B&M complaint?

The CEO Simon Arora's email is readily available on the internet:

SimonArora@bmstores.co.uk

If you haven't done so already, send him an email that outlines the facts but is also written from the heart. The Keeper writes it but they refer to what they ('we') did on the day, including what the driver did.

Looks like the Keeper and driver were / are very regular customers of B&M. That needs to be stated clearly with timeframes and, if relevant, the approximate - or even exact if possible - amount of money spent over time.

If there were mitigating circumstances that led to these PCNs then explain them. If signage etc. was a contributing factor, mention that. Explain why you knew nothing about the PCNs until the time for appealing was long gone.

You have experienced very high levels of stress so far. Simon Arora needs to know about the detrimental impact the PCNs have had on your mental health in terms of extreme anxiety. If you have any kind of mental health diagnosis or take medication, mention that.

If you wish, mention that you are determined to contest the PCNs in court but that this is a very big step for you and something that terrifies you.

Give it to him straight. If you consider yourself someone who usually parks very carefully, mention that for good measure but 'strongly request' that he cancels these PCNs in order to end this nightmare for you.

Right, I've painted a picture of what I assume to be your most difficult times to give you an idea of what I'd write. I've made quite a few assumptions and only you can paint the accurate picture. The fact that you're actually doing a great job of tackling this now does not need to be mentioned. I think you'll do well at the court stage but in all fairness the CEO needs to know how bad this has been and to take action to resolve this issue straight away.

LanaDN

Coupon-mad wrote: »

Have you exhausted PLAN A, which is always to complain LOUDLY to the top banana at the retailer/landowner? Tried but gave up? Aim higher...

I've been into the store twice and actually cried (how embarrassing!) to the floor supervisor the second time as the manager refused to come down from the office to speak to me about it - there doesn't seem to be an email address for that particular store. She reiterated that they deal with this all the time and that because there are so many PCNs that the woman she deals with at Smart would refuse to write them off.

LanaDN

MistyZ wrote: »

Did you go higher up with your B&M complaint?

The CEO Simon Arora's email is readily available on the internet:

SimonArora@bmstores.co.uk

If you haven't done so already, send him an email that outlines the facts but is also written from the heart. The Keeper writes it but they refer to what they ('we') did on the day, including what the driver did.

Looks like the Keeper and driver were / are very regular customers of B&M. That needs to be stated clearly with timeframes and, if relevant, the approximate - or even exact if possible - amount of money spent over time.

If there were mitigating circumstances that led to these PCNs then explain them. If signage etc. was a contributing factor, mention that. Explain why you knew nothing about the PCNs until the time for appealing was long gone.

You have experienced very high levels of stress so far. Simon Arora needs to know about the detrimental impact the PCNs have had on your mental health in terms of extreme anxiety. If you have any kind of mental health diagnosis or take medication, mention that.

If you wish, mention that you are determined to contest the PCNs in court but that this is a very big step for you and something that terrifies you.

Give it to him straight. If you consider yourself someone who usually parks very carefully, mention that for good measure but 'strongly request' that he cancels these PCNs in order to end this nightmare for you.

Right, I've painted a picture of what I assume to be your most difficult times to give you an idea of what I'd write. I've made quite a few assumptions and only you can paint the accurate picture. The fact that you're actually doing a great job of tackling this now does not need to be mentioned. I think you'll do well at the court stage but in all fairness the CEO needs to know how bad this has been and to take action to resolve this issue straight away.

I didn't go higher but I will do as you've suggested and email the CEO. Everything you have said is exactly right - this has had such an enormous impact on my mental health. The amount of money they're asking for (£1,200) is just impossible for me to find as a single parent and I'm absolutely terrified at the thought of going to court.

I emailed Gladstones earlier today to clarify what Smart had meant on their letters that said that the PCNs were at 'bailiff stage' and she confirmed that a claim hasn't been issued yet and the court are not involved - she said only when they have obtained judgement via the court or default can it be sent to enforcement. When she says 'default', does it mean if I don't acknowledge service and make a defence/attend court? Then I'm guessing I'd get a CCJ and bailiffs would be used?