Smart Parking

Sfletcher4

I need advice today as I got a letter from Debt Recovery Plus last Tuesday (14/01/20) giving me until tomorrow (21/01/20) to pay my £160 debt... or else court etc.

I didn't receive a letter from Smart Parking to say I'd owed the money. It was out of the blue. I was at work all last week so I couldn't follow it up and have been ill all weekend.

Debt Recovery Plus told me last Wednesday that they would get SP to resend the letter that I was sent on December 4th. 'Tina" also told me that due to the 'Interpretations Act 1978' once a letter is picked up by Royal Mail, it is classed as delivered??? She also offered to remove their charges of 15% and bring the total down to £135.

Today, I have managed to get in touch with Smart Parking after 19 minutes waiting (@7p per minute) who eventually told me that I entered the car park at 1540 and left at 1756. The time that I had paid for was 1552 - 1752.

I had already told "Jasmin" that I had spent about 15 minutes trying to download the 'Ring Go' app and thats probably what it was and yes, I admit that I left four minutes late. I was actually sat in the car waiting for my girlfriend and her kids to catch me up. They also offered to reduce the charge to £90.

Is there a way out of this for me? Is there a grace period?

Scott

pogofish

If you have got to DRP, then the time for any meaningful appeal/challenge is long past - a complaint to the landowner may help but this is best done early-on, before lodging even an initial appeal. Are your keeper details up to date with the DVLA? This could account for letters going awry.

Post Four of the Newbies Sticky covers DRP in their entirety.

Please read it now and stop phoning the flaming scammers..!

I hope you have also learned that the RingGo App is barely fit for its purpose.

Sfletcher4

Yeah I understand that my appeal time frame is lost. I've used 'Just Park' in the past and thought its was brilliant. I had a problem with my phone signal on this particular day and struggled to receive the verification code which is why it took my 11 minutes. I just thought there might be a grace period and if they wanted to take me to court, it may be seen as unreasonable especially as I didn't get a letter which I understand, neither party can prove or disprove?

Sfletcher4

Thanks very much and sorry for my ignorance but how do I get to Newbies Sticky?

Redx

It's near the top of this forum , usually the third thread down , but may have moved up a bit

Download the January 2018 BPA CoP and read clause 13 about grace periods

Do not phone anyone , certainly not DRP

Sfletcher4

Too late, phoned them last Wednesday

Sfletcher4

And I've called Smart Parking. It says in my first post whats happened so far. Sorry, this is the first time I've used a forum and I'm finding it hard navigating through to the areas that I need

Le_Kirk

Are you on a phone? If so, that could explain why you cannot see all of the forum, if not, go one click back (on the browser button) and today the NEWBIE sticky is the top one on that page.

Redx

In future do not phone , nothing can be sorted by phone calls , so no more

Use a laptop to use this site properly , not a phone

Sfletcher4

Thanks everyone, I've found the posts about DRP and am I right in saying that they probably wouldn't take me to court but now I've phoned everyone, I've now put my head above the parapet?
And I was already on a desktop - thats how much I don't know about forums. Sorry.
I'll also cary on reading all those posts.
Thanks again everyone

Sfletcher4

Ok, so the example letter to a debt collector was posted in 2013, would this still be current and relevant? If so, I'll send it.

The grace period referred to in January 2018 BPA CoP says 10 mins states -

13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.

and

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

So with my 11 minutes before I paid (whilst I was downloading the app) and the four minutes after my time was up, T
they're not going to take me to court, surely?