LBC received, Smart parking - Northern Ireland

Supajensen11

I have received this LBC, I have not had any contact with Smart parking prior to this was an ANPR camera. Can anyone offer advise, I was of the impression unless the driver identified themselves they were unlikely to proceed to this stage? 

Le_Kirk

Please read the NEWBIE sticky, particularly the bit about NI, it might ease your worries (if you had any).  Also read the CST Lae thread, tis is happening o loads of people.  https://forums.moneysavingexpert.com/discussion/6166004/cst-law-parking-fine-letter/p1

Redx

Only Smart can issue a court claim , or their solicitors , plus POFA does not exist in N I so no keeper liability

CST law are sending loads of these letters out over here in the u k

https://forums.moneysavingexpert.com/discussion/6166004/cst-letters-forum-group-thread/p1

Ignore it , disregard it , just file it along with any other paperwork you receive , especially as it's a debt collector letter , not a formal LBC

Only change is if you receive an actual court claim , but more chance of finding aliens on the moon !!! Lol

Ideally complain to the landowner and get any PCN cancelled , using the royal WE in correspondence , no blabbing about who was driving

Fruitcake

It's not a LBC, it is a debt collector letter because it refers to their client as being a debt collector, who are powerless to do anything. except send poor quality bog paper.

File it and ignore it.

If you get a real LBC from the PPC then you point out the keeper's location.
If you get a real claim from a NI court, you will probably need to seek local help as this would be a very rare thing, if not a first.
If you get a claim from the mainland, then you tell the court you are out of jurisdiction.

Do not reveal the driver's identity under any circumstances. A keeper cannot be held liable in NI, only a driver, so make sure they never find out who that is.

Supajensen11

I don't want people to think I was lazy, I did read the sticky I just got confused as to what applied to northern ireland and what didn't since from what I could see, not many folk get this type of letter in NI.

Umkomaas

I have not had any contact with Smart parking prior to this

With 6 separate parking events and no direct contact at all from Smart Parking, it would suggest that the home address shown on your V5C (logbook) is incorrect/out of date. Please check it. 

How have you managed to rack up 6 PCNs at the same car park?

Fruitcake

You are right, we see very few posts in NI, but the NEWBIES advice for NI is specific and up to date. 
CST have been sending out forests of these fake LBCs so please report them to the FCA and SRA as they are acting as debt crawlers but sending debt collector letters disguised as LBCs.
Please also complain to your MP and the landowner, as the vehicle keeper of course.

Retailers and businesses are struggling at the moment and want all the customers they can get.
These scammers are hurting local businesses and these much needed customers are likely to go elsewhere as a result of the scammers, so letting the powers that be know what is going on may help control these scammers.
"oink, oink. Porcine Airways announce the pigs are on the end of the runway and ready for takeoff".

If you want to help us further, please come back in a week or so as the new mandatory parking code of practice should be available for public comment. We want as many members of the motoring public to comment as possible.

Supajensen11

The driver originally had an agreement with the Landlord to be able to park at in the carpark, this then ended I presume when the property was purchased by someone else. To clarify, I meant I as the keeper have not responded to any letters from Smart parking or related. letters have previously been received, I am no longer the keeper of the vehicle. 

Coupon-mad

I woud reply and tell CST to delete your data or provide evidence as to who was driving, and why they think that Smart can charge £170 per PCN PLUS £90 on top, when the Late Payment regs do not apply to consumer contracts and the parking charge itself must already include all costs of the operation (confirmed by the ParkingEye v Beavis case at 98, 193 and 198). 

And ParkingEye v Somerfield [2012] EWCA Civ 1338 confirmed that debt recovery/admin sums can't be added to a parking charge, and the POFA doesn't apply in NI so as registered keeper you are not liable and in the absene of evidence, ahve no idea who was driving.  Therefore the only excuse that Smart had to obtain your data from the DVLA (to invite you to name the driver) has disappeared and is no longer a valid reason to keep processing keeper data and pretending that the keeper owes money. 

As such, the case must be returned to Smart Parking and they must cancel it because there is no lawful reason to pursue you in NI and no justification to continue to write to you or share the data with CST.  If CST and/or Smart refuse to cancel the case and insist on continuing to write to the keeper when the POFA has no application in NI, you will complain about both companies to the ICO and will also report CST to the SRA and FCA for breaches of their standards.