NI Hire Car debt recovery letters sent to wrong address

I have been passed a debt recovery letter from a neighbour for a parking fine in a hire car used in NI. It is at £170 and was sent to the wrong address. It's the first I've heard about it as a presume all the previous letters were sent to the wrong address too.How should I proceed? Its smart parking Ltd.

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  • UmkomaasUmkomaas Forumite
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    Are you based in NI?
    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.
  • edited 30 November 2019 at 4:04PM
    UmkomaasUmkomaas Forumite
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    edited 30 November 2019 at 4:04PM
    As long as the hire company have been taken out of the equation and have passed liability to the hirer, you can ignore anything from debt collectors.

    Just a light-touch caveat, come back if Smart instigate court proceedings, but that will be so complicated for them and expensive - NI hire car, PCN in NI, hirer in Scotland, they won't know which way they'll be facing at the same time as trying to extricate their head from their posterior.

    Ride out the debt collector rubbish, it will stop sooner or later.

    Have the hire company charged your credit card an admin fee for dealing with the PCN?

    By the way - you have not been 'fined'. You've received nothing more than a speculative invoice.
    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.
  • FruitcakeFruitcake Forumite
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    SueDee wrote: »
    No Scotland.

    Good.

    For once this is an unusual case. Registered keeper is a hire company, day to day keeper and hirer is in Scotland, and the alleged event occurred in NI.

    Debt collectors can be ignored. Post 4 of the NEWBIES tells you why it is safe to do so.

    You need to tell the hire company you are dealing with it and they must not pay the charge under any circumstances.
    Ask them what they told the parking scammers and what documents did they send them.
    Where is the hire company based as vehicle keepers in Scotland and NI cannot be held liable at the moment.

    Is the address on the letter correct or incorrect?

    I suggest you wait for some of the more knowledgeable regulars to post.
    I married my cousin. I had to...
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  • edited 30 November 2019 at 4:06PM
    FruitcakeFruitcake Forumite
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    edited 30 November 2019 at 4:06PM
    Umkomaas wrote: »
    As long as the hire company have been taken out of the equation and have passed liability to the hirer, you can ignore anything from debt collectors.

    Just a lightweight health warning, come back if Smart instigate court proceedings, but that will be so complicated for them and expensive - NI hire car, PCN in NI, hirer in Scotland, they won't know which way they'll be facing at the same time as trying to extricate their head from their posterior.

    Ride out the debt collector rubbish, it will stop sooner or later.

    Have the hire company charged your credit card an admin fee for dealing with the PCN?

    By the way - you have not been 'fined'. You've received nothing more than a speculative invoice.

    We don't know if the car was hired and is registered in NI, or was driven across from Scotland on a fairie.

    OP, please confirm.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • The address is incorrect. Wrong house number.
  • edited 30 November 2019 at 4:24PM
    FruitcakeFruitcake Forumite
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    edited 30 November 2019 at 4:24PM
    SueDee wrote: »
    The address is incorrect. Wrong house number.

    I suggest you write to the parking scammers DPO with a rectification notice giving your correct address in Scotland. Include the PCN number and VRN of the hire car.

    Wait for confirmation from the more knowledgeable forum members whether to send this as day to day keeper or as hirer. I don't think it will actually matter.

    You still need to tell the hire Co not to pay, and ask what they sent to the scammers. Since the PoFA does not apply (does not exist) in either Scotland or NI you should also tell them they they cannot be held liable for the charge if the vehicle is registered in NI.

    Liability can only be transferred from a driver to a keeper or hirer if legislation exists to do that. It does not exist in either Scotland or NI so neither a day to day keeper nor a hirer can be liable.

    This is due to change in Scotland soon as Scottish MPs have sold Scottish motorists down the sewer by approving a new act to make keepers liable. This will come in to force once it has received royal ascent.
    Scottish motorists and Scottish courts won't know what has hit them once this happens.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • UmkomaasUmkomaas Forumite
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    Fruitcake wrote: »
    Wait for confirmation from the more knowledgeable forum members whether to send this as day to day keeper or as hirer. I don't think it will actually matter.

    I don't purport to be any more knowledgeable than Fruitcake - he is a very knowledgeable forum member in his own right - just to say that I agree with him, day to day keeper or hirer, matters little, just as long as you don't reveal who the driver was.

    This will all be far too complicated for Smart (bit of a misnomer perhaps?), and they will simply leave it to their debt beggars to try to browbeat you into surrender with their harmless letters. Don't fall for it!
    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.
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