Smart Parking + Debt Recovery Plus

Coupon-mad

adslman said:

The car is not with us anymore. It was a fleet car (Not sure if I should name it here but I believe it is the biggest one in the UK). They're hold the log books on the vehicles they have in the fleet. The car left us and went back to the company just over three weeks ago. I am guessing this will not effect the complaint as my wife would have been known as the person leasing the car? 

Oh that changes things.

Her complaint should be that she was never sent a Notice to Hirer. She complains as hirer (she's not the registered keeper). 

adslman

Coupon-mad said:

adslman said:

The car is not with us anymore. It was a fleet car (Not sure if I should name it here but I believe it is the biggest one in the UK). They're hold the log books on the vehicles they have in the fleet. The car left us and went back to the company just over three weeks ago. I am guessing this will not effect the complaint as my wife would have been known as the person leasing the car? 

Oh that changes things.

Her complaint should be that she was never sent a Notice to Hirer. She complains as hirer (she's not the registered keeper). 

Right so onto the Smart Parking website and fill in the contact form. 
Stating that she is the hirer of the vehicle in question and has received these letter from Debt Recovery Plus? At no time did any correspondence arrive from Smart Parking resulting in a denial of appeal process.

Would this be sufficient to vet the ball rolling with them? 

Coupon-mad

No she has to specifically say she was never sent a NTH.

adslman

I see 

So I can contact them and clearly state no NTH was sent to her denying her any chance of dealing with the penalty? 
If they had sent the NTH it would have her a chance to speak/appeal etc with Smart Parking?

Thanks 

Debszzzz2

adslman said:

I see 

So I can contact them and clearly state no NTH was sent to her denying her any chance of dealing with the penalty? 
If they had sent the NTH it would have her a chance to speak/appeal etc with Smart Parking?

Thanks 

If she'd received a NtH, this would be easily defeated because they will have failed to hold her liable as the hirer thanks to their inability to figure out how to produce a NtH that is PoFA compliant. Only the driver can be liable and (not so) Smart Parking have no idea who the driver was... unless someone identified the driver. As the hirer, she is under no obligation to reveal the identity of the driver and no assumptions can be made.

All the lease company will have done is notify (not so) Smart Parking that your wife is the hirer. (not so) Smart Parking should then have reissued the PCN as a NtH to your wife. There is already another thread somewhere on here where a PPC have been informed by a lease company about the hirers details but they have been sending all subsequent correspondence to the named hirer but to the lease companies postal address. Check with the lease company that they haven't been doing the same in this case.

You are dealing with intellectually malnourished ex-clampers who have trouble figuring this all out. They normally rely on the ignorance of their victims to just pay up without properly challenging them.

Coupon-mad

adslman said:

I see 

So I can contact them and clearly state no NTH was sent to her denying her any chance of dealing with the penalty? 
If they had sent the NTH it would have her a chance to speak/appeal etc with Smart Parking?

No. You can't.  It's not your case.

But she has a valid complaint.

adslman

 Firstly I must apologise for asking these questions.

I am all set to email Smart Parking but thought I would just have another look on these forums for anything related to Motability cars.

As I said in a previous post the wife's car was a fleet car( Motability) and with them holding the v5 I presumed they would be the registered keeper. I have found several posts stating that while Motability do hold the v5 document the registered keeper at the time will have been my wife !

So hopefully this will be my final question for awhile at least ! Do I now go back to Smart Parking and email the complaints department even though they state it has to be within 56 days of the incident taking place ? ( We are passed 56 days due to them passing this over to the Debt collectors). I request a POPLA code and add that the complaint is no NTK was ever sent to her address. I am right in thinking that I will pass on the parking charge notice number  that the Dept Recovery Plus gave in their letter to us so they can look it up on there systems ?

Once again sorry for the million and one questions it must seriously cause you as much stress as us !

Coupon-mad

Your wife can complain at any point.

She (not you) states that it's a Motability car and no PCN (whether that be a Notice to Keeper or Notice to Hirer) was sent/received, and now they know this, Smart must check with DR Plus as to what was sent and when, and reissue the PCN (if it existed).  This is a requirement of the new BPA Code, v9, Feb 2024, and if Smart fail to issue a PCN or preferably cancel the charge, she will complain to the BPA.

adslman

Coupon-mad said:

Your wife can complain at any point.

She (not you) states that it's a Motability car and no PCN (whether that be a Notice to Keeper or Notice to Hirer) was sent/received, and now they know this, Smart must check with DR Plus as to what was sent and when, and reissue the PCN (if it existed).  This is a requirement of the new BPA Code, v9, Feb 2024, and if Smart fail to issue a PCN or preferably cancel the charge, she will complain to the BPA.

Really appreciate the help.

An email will be on its way to them tomorrow and I will update the thread if and when we hear back from Billy Smarts Circus!

Cheers

adslman

First email sent to the complaints@smartparking.com address and it was rejected on the grounds that it didn't fit in with their definition of a complaint!
It was obviously a scripted reply because completely ignored the simple fact that no PCN was ever received from them. 

They suggested I try info@smartparking.com so the email has been sent to them. 

Let's see if they go down the same route of ignoring some really basic information.