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Smart parking fine passed to Debt Recovery Plus

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I paid to park in a B&M car park doubt if there for an hour ..this was back in May ...say insufficient funds paid.. I believe I even went into B&M..

As I never received any letters as moved address ..only received when I updated DVLA..

They now want me to pay £170. I have not acknowledged the letter..as states if I don't pay they will advise their client to proceed with legal recovery.. and rest of the B's regarding credit score which mine is already poor 

Is it best to just ignore anyone have advise on this ???

Thanks in advance 

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Ignore drp , but try to get the landowner to cancel it with Smart parking

    Email a Data rectification notice to the DPO at Smart parking telling them to erase your old address and to use your current address for service of documents

    Read the newbies FAQ sticky thread near the top of the forum in announcements , especially the fourth post
  • Coupon-mad
    Coupon-mad Posts: 151,623 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Read the NEWBIES thread, that’s why it’s at the top of the forum in capitals. 

    DRP are fully covered in the 4th post of that Announcement thread and we won’t provide a link to it. You already have a link back to page one at the top of the page, as my signature below, explains.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As I never received any letters as moved address ..only received when I updated DVLA..

    You notifying DVLA of new address and DRP writing to you at your new address is purely  coincidental. They will have used a trace service to find you. 

    Nothing to worry about, this is aimed at those who might read this in future and think a later, new address notification to the DVLA will update all parties involved in pursuing the parking charge - it doesn't. Smart Parking only have one go at getting your data, and that will have been within a few days of the parking event, DRP have absolutely no route to your data via the DVLA. 

    It's also unlikely that DRP will update Smart Parking, so follow advice from @Redx about sending Smart Parking an address rectification notice. 
    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.

    Private Parking Firms - Killing the High Street
  • Timeouts
    Timeouts Posts: 155 Forumite
    100 Posts Name Dropper
    edited 16 July 2021 at 2:21PM
    angewales said:
    I paid to park in a B&M car park doubt if there for an hour ..this was back in May ...say insufficient funds paid.. I believe I even went into B&M..

    As I never received any letters as moved address ..only received when I updated DVLA..

    They now want me to pay £170. I have not acknowledged the letter..as states if I don't pay they will advise their client to proceed with legal recovery.. and rest of the B's regarding credit score which mine is already poor 

    Is it best to just ignore anyone have advise on this ???

    Thanks in advance 

    All DRP are doing is living in their own little world where the faires live ?

    LIES ...... all part of their rubbish

    DRP (Debt Recovery Plus) ..... Group Thread to ensure DRP are ignored ?
    https://forums.moneysavingexpert.com/discussion/6275792/drp-debt-recovery-plus-group-thread-to-ensure-drp-are-ignored#latest
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is not a fine, read what Pete Wishart said about them in the Hof c and complain to your MP.

    "I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.

    The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices. 


    They now want me to pay £170

    £70 of which is unlawful, read this

    Excel v Wilkinson


    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

    You never know how far you can go until you go too far.
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