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

Debszzzz2

Coupon-mad said:

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.

@Coupon-mad, can you please tell us where exactly this "new bit" in the Feb 2024 version BPA CoP mentions the requirement to rewind the process? I have read through the version with the highlights of the changes and cannot find it:

https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024Highlight.pdf

Not that it isn't there but it certainly isn't obvious to me. 

Trainerman

The second para of 23.8 refers to if the motorist only "discovers" the PCN after the 28 window expires, they (PPC) must pause DRA action and restart the 28 day period.

The motorist still has to provide evidence of "exceptional circumstances" though

Debszzzz2

Trainerman said:

The second para of 23.8 refers to if the motorist only "discovers" the PCN after the 28 window expires, they (PPC) must pause DRA action and restart the 28 day period.

The motorist still has to provide evidence of "exceptional circumstances" though

Having read that bit, there is ambiguity and opportunity for the operator to get out of complying with it...

You must have a process for considering appeals received outside of the normal 28-day period allowed for lodging an appeal where the appellant provides evidence of exceptional circumstances for the appeal not being lodged within the normal timeframes – where the addressee only discovers and can show that a parking charge notice has been issued in their name after the 28- day period the period must restart and any enforcement, excluding court action, must be paused.

The "evidence of exceptional circumstances" will be difficult to prove, certainly because it is too late at this stage to appeal about it to POPLA and the operator most likely won't care about it. Any demand that the operator is put to strict proof that they actually posted the NtK will fall on deaf ears as this is not a court of law.

The appellant needs to argue that, without strict proof of posting, which we know the operator doesn't rely on, nor are they obliged to do so, there is no other way to "prove" that the NtK was ever posted. There operator only has to day they did post it.

Even arguing that if neither the NtK and the reminder were ever received then, on the balance of probability, they were either never posted, posted but to the wrong address or just plain lost in the post. But you are arguing with an intellectually malnourished PPC at this stage. This would need to be argued in court, which by then, is probably too late to compel the operator to reissue the NtK and restart the clock.

According to that paragraph, the appellant needs to discover and show that the parking charge notice was issued in their name after the 28- day period the period. How on earth is the appellant supposed to do that?

More bovine excrement from the BPA unless a more legally trained mind can throw a better interpretation on it.

Trainerman

I had similar thoughts @Debszzzz2. Trying to look as if they are making improvements, but actually still making it impossible for the victim.

Coupon-mad

Compare it to what the new statutory CoP says.  Similar wording.  Search the DLUHC CoP for the word 'show'.

Badly drafted IMHO.  I didn't write it!

Coupon-mad

Coupon-mad said:

Complain to Smart (NOT 'appeal' - complain) that you were named as the lessee/hirer by the lease firm in October and yet were never sent a Notice to Hirer to appeal.

In this case - see facts above for the complaint - the OP can show this.

There was no NTH sent to the address where they reside.  Easy BPA complaint.

Debszzzz2

The only possible way that anyone could rely on para 23.8 of the BPA CoP is to complain (not appeal) to the operator and after not receiving a new NtK, complain to the BPA and hope they can instruct their member to reissue the NtK. However, there's a lot of discretion in there for the BPA to protect their member.

It's just a pity that the upcoming PPCoP didn't require some sort of proof of posting, whether that be by post office certificate or, if they are using a bulk mailing facility, for there to be some record kept of linking an addressee with the date they processed the letter.

Coupon-mad

I agree. I tried...

davebush123

Hi all, I said I expect you will be cancelling all debt collection issued against me in error and that you have used extremely aggressive tactics and not followed standard procedures. Their response was that it is the responsibility of the motorist to ensure that their address is up to date with the DVLA. 

This is a leased car and I had provided my correct address to the lease company when i took on the lease originally back in June last year. Who is at fault for this? Is it my responsibility to ensure the V5C info on the DVLA is up to date? Do I go back to SmartParking and say this is a leased car and the details i provided to them were correct and that I will get them to update their details? 

Thanks in advance for your comments 

davebush123

davebush123 said:

Hi all, I said I expect you will be cancelling all debt collection issued against me in error and that you have used extremely aggressive tactics and not followed standard procedures. Their response was that it is the responsibility of the motorist to ensure that their address is up to date with the DVLA. 

This is a leased car and I had provided my correct address to the lease company when i took on the lease originally back in June last year. Who is at fault for this? Is it my responsibility to ensure the V5C info on the DVLA is up to date? Do I go back to SmartParking and say this is a leased car and the details i provided to them were correct and that I will get them to update their details? 

Thanks in advance for your comments 

@Coupon-mad @Debszzzz2 @Umkomaas

Hi all, your comments on this post would be greatly appreciated. I want to go back to SmartParking. The Lease company have since confirmed they have amended my details at their end, even though i provided them with the correct details originally. I am still receiving the same Debt Collection letters. I just want them to atleast stop issuing these as it causes my partner immense stress.