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

Fruitcake

Did you send this to Smart?

"23.8 You must respond to appeals within 28 days or, where a decision on the appeal is not concluded within 28 days, you must acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information.

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." 

Have you instructed the lease company not to pay the charge?
Have you instructed them to pass the hirer/lessee's correct address for service to Smart?
Have you told the lease company that they will remain liable for paying the charge unless and until they pass the hirer/lessee's details to Smart?
Has the hirer/lessee complained to their MP and the landowner? 

davebush123

Fruitcake said:

Did you send this to Smart?

"23.8 You must respond to appeals within 28 days or, where a decision on the appeal is not concluded within 28 days, you must acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information.

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." 

Have you instructed the lease company not to pay the charge?
Have you instructed them to pass the hirer/lessee's correct address for service to Smart?
Have you told the lease company that they will remain liable for paying the charge unless and until they pass the hirer/lessee's details to Smart?
Has the hirer/lessee complained to their MP and the landowner? 

 I have not. The lease company have updated my details but haven't passed these details to Smart. Should I ask them to do this for me? Should I then send the above to SmartParking? How should I respond to to them saying that it is my responsibility to keep my V5C details up to date with the DVLA? I assume that is out of my hands if the Lease company have input the incorrect details? @fruitcake

Coupon-mad

Yep out of your hands, and you can show that this meant you didn't get the PCN, thus that clause in the Feb 2024 BPA CoP applies, yadda yadda...

Fruitcake

davebush123 said:

Fruitcake said:

Did you send this to Smart?

"23.8 You must respond to appeals within 28 days or, where a decision on the appeal is not concluded within 28 days, you must acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information.

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." 

Have you instructed the lease company not to pay the charge?
Have you instructed them to pass the hirer/lessee's correct address for service to Smart?
Have you told the lease company that they will remain liable for paying the charge unless and until they pass the hirer/lessee's details to Smart?
Has the hirer/lessee complained to their MP and the landowner? 

 I have not. The lease company have updated my details but haven't passed these details to Smart. Should I ask them to do this for me? Should I then send the above to SmartParking? How should I respond to to them saying that it is my responsibility to keep my V5C details up to date with the DVLA? I assume that is out of my hands if the Lease company have input the incorrect details? @fruitcake

You need to be proactive and tell the lease company what they must do if they do not want to remain liable, because at the moment, they are and you are not.
You should tell Smart much the same thing, and point out their crass statement about updating keeper data with the DVLA is nowt to do with you, since the lease company is the registered keeper, not you. Tell them they should get the basics right before they go around making a fool of themselves.