Parking charge notice

Coupon-mad

Surely you are saying you didn't select 'driver' and their system is preset that way?

Secondly, did your POPLA Appeal cite 'no landowner authority'?  What did they supply?

captainzorro

I selected the driver in the initial response by mistake.

When raising with POPLA, I selected registered keeper.

Smart parking came back with land owners authority as follows:

The car park is private land and the owners allow access to the public on condition that they park according to the advertised terms and conditions, the signs warn that non-compliance may result in a parking charge notice. Persons entering the car park are, in effect, agreeing to the terms and conditions and if they park in breach of the terms and conditions the landowner has a right to make a charge. The terms and conditions of the car park are requested by our client and Smart Parking Limited as an agent enforces these.

In light of the above and evidence enclosed. Smart Parking Limited have decided to uphold the parking charge notice.

They have also attached pictures of the parking signs as their site.

Coupon-mad

But no-one knows that...maybe it defaulted to 'driver' WHICH IS WHAT YOU SAY.

Also - you do realise you have a 100% win, if your POPLA appeal queried landowner authority & they didn't attach a copy?

captainzorro

Thank you I didn't realize. I will add those comments in my response.

captainzorro

POPLA has responsed and I lost the case. I have started to receive letters from Debt Recovery Plus which I have not responded to as per advise from many others on this forum.

Deadline has passed, not sure if court will be the next stage. Is there anything I need to know so can prepare myself? Thanks

Coupon-mad

captainzorro said:

POPLA has responsed and I lost the case. I have started to receive letters from Debt Recovery Plus which I have not responded to as per advise from many others on this forum.

Deadline has passed, not sure if court will be the next stage. Is there anything I need to know so can prepare myself? Thanks

Yes.  Read post 2 of the NEWBIES thread so you know how to respond to a LBC.

captainzorro

I ignored all those letters and they have now sent notice of debt recovery - unpaid parking charge £120 and direct collection bailiffs ltd (DCBL) has been instructed to collect outstanding balance. Should I ignore this and wait for court letter? Just worried if I lose at court, I hope I don't get landed with a CCJ and also not sure what to say at court. 

I am aware they can't send bailiffs but just planning to think about next stage 

Le_Kirk

Did you read Post 4 of the NEWBIE sticky about debt collector letters?
Before a CCJ can be awarded against you, there would have to be a letter of/before claim followed by a N1SDT claim form, which, if you complete the AoS and submit a defence (using our template) might end with a hearing in the small claims court.  Claims by DCB Legal often end with a discontinuation - see the thread by @Umkomaas.  Only if you lose that hearing and then fail to pay what the judge ordered within the timescale the judge set, would you have a CCJ.

captainzorro

Yes went through that so that's helpful. I will await if letter/before claim comes through. Many thanks