How to respond to Smart Parking after SAR

GreenVase

Hi folks, I'd like some advice on how to respond to Smart Parking after SAR

In a nutshell:

• A recent Debt Recovery Plus letter was the first time I was made aware of a parking charge from Smart Parking.

• Checked online what to do about this - the recommendation (it was not this forum) was to send a SAR to Smart Parking to see if they had sent a PCN and what date is was issued with the intention of checking it they had sent it within the 14 day PoFA terms

• That whole process so far has taken over a month so I am way outside of any appeals process

• In the meantime I have been sent more DRP letters. I’m now up to the terminal notice  / pre legal action letter from them. Buggers aren’t they!

Today I have received a response via email from Smart Parking with the SAR pack of information.

In this pack, shows what looks like a scan of a letter they apparently sent to me. The letter which I do not believe I have received. (V5C/DVLA has the correct address).

It states

• Date of contravention 12.02.23
• Date issued: 28.02.23*
• DVLA response loaded 28.02.23
• DVLA transferred 27.04.23

Doing more reading on this tonight it seems the 14 day window is less relevant with Smart Parking in the end as they do not write this on their PCN so don't adhere to it. (have i understood that correctly?)

So I'm not sure what to do now. Can I use any of this SAR info to write back to Smart Parking and resolve this?

Could I write something like: “It does not appear Smart Parking have followed the requirements to issue the PCN under the Protections of Freedoms Act 2012 and that the registered keeper cannot be held liable.... " 

Will they stop contacting me as they have no basis for taking it further?

Thanks for your time

Umkomaas

Too late for you do anything much, Smart Parking won't do anything either. DRP are a waste of space and other than send you silly letters, they are totally powerless.

The best way to get this cancelled is via a complaint to the landowner. If that doesn't work, just ignore anything else other than a Letter of Claim from Smart's solicitors or a formal Court Claim via the Northampton CCBC.  For single ticket cases, Smart won't pursue beyond DRP!

Coupon-mad

The NEWBIES FAQS thread post #4 explains what to do about DRP letters. Nothing has changed.

Grizebeck

Coupon-mad said:

The NEWBIES FAQS thread post #4 explains what to do about DRP letters. Nothing has changed.

" Nothing has changed "
Not a good phrase since theresa may used it🤣

GreenVase

Umkomaas said:

Too late for you do anything much, Smart Parking won't do anything either. DRP are a waste of space and other than send you silly letters, they are totally powerless.

The best way to get this cancelled is via a complaint to the landowner. If that doesn't work, just ignore anything else other than a Letter of Claim from Smart's solicitors or a formal Court Claim via the Northampton CCBC.  For single ticket cases, Smart won't pursue beyond DRP!

Thanks everyone.

OK. Good to know Umkomaas that a single ticket is not often persued by Smart Parking.

The landowner looks to be the derwent group. 

I'll send them an email and see how far that gets me.

Cheers