Smart Parking PCN issued after 14 days - now Debt Recovery Plus Bailiff letters

Umkomaas

davebush123 said:

I have not received a reply to my email but have received a further letter from the debt collectors with threat of further action. How shall I proceed? Chase smartparking with a further email? 

Chaser reminder with 7-day deadline, threaten a complaint to the BPA if no satisfactory response received in that time. No satisfactory response in 7 days - complain to the BPA using the complaints portal of their website. 

Coupon-mad

And of course ignore the debt collectors.

davebush123

They have finally responded, asking for my postal address before they proceed. I assume this is not an issue to send them? 

Le_Kirk

davebush123 said:

They have finally responded, asking for my postal address before they proceed. I assume this is not an issue to send them? 

If they is Smart Parking, then presumably they want to send you a Notice to Hirer so it is OK to tell them.  Did you contact the lease company and tell them NOT to pay it on your behalf?

davebush123

Yes this is Smart Parking responding. When they do send it, are they not outside the statutory time limit to send me a NTH? I haven't contacted the lease company no, but I assume they haven't paid it as I am getting debt recovery letters. Thanks 

Coupon-mad

There isn't a statutory time limit to send a NTH because Smart Parking don't use the POFA 2012.   They can only pursue drivers (their choice).  Thus don't admit to driving.

If you are getting debt letters you are too late to appeal but could complain that you were never sent a NTH and you want to appeal and need a POPLA Code. 

DO NOT IMPLY WHO WAS DRIVING!

DO RESPOND.

DO CONTACT THE LEASE FIRM TOO.

Le_Kirk

davebush123 said:

I haven't contacted the lease company no, but I assume they haven't paid it as I am getting debt recovery letters. Thanks 

Important that you tell the lease company NOT to pay it.  Very difficult to deal with if it has been paid.

Nellymoser

PPCs always claim pcns/letters were sent but they offer no evidence of this to the many motorists who report not receiving them. PPCs can but CHOOSE not provide proof of posting. We must press DLUHC to ensure they do in the new Parking Code of Practice. Please @davebush123 sign and share this petition
https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable

davebush123

It turns out they have been sending it to a different address as the V5C does not reflect my actual address. I have a feeling the lease company have used my old address. They leased me a car about 7 years ago at a different address and I don't think they have used my current address when registering. I do recall a few months ago the lease company asked me to confirm my address for invoicing reasons which was infact my old address. I had provided them with my current address when I took this lease on back in the summer. 

Do I contact the leasing company and tell them to update the V5C? And is this now their issue to sort out? What is the best approach? 

Thanks for your help 

Coupon-mad

Your name is never on the V5C. 

You need to tell the lease firm to update their own records and erase your old address so they never give it out to companies or authorities.

And you need to send a complaint to Smart Parking citing the new bit in the BPA CoP which says if the PCN wasn't received, they have to rewind the process to allow an appeal and pause debt recovery for that.

DO NOT IMPLY OR SAY WHO PARKED.