Smart Parking PCN not received, escalated to debt recovery within a month

EmmaJaney

Hello, 
I've learned a lot from this forum but worried I haven't got quite a good enough understanding to deal with this without getting in a pickle, so would appreciate any help. It's a bit long...

On 2nd March I received a letter (dated 26th February) from Debt Recovery Plus telling me I had an unpaid PCN from a contravention on 1st January. I have not received any PCN, none on the vehicle etc and contacted DRP immediately using their 'request a callback' function. I appealed the PCN with Smart Parking, although really what I asked for was any evidence that a PCN had been issued.

No call back came from DRP, so I phoned and spoke to a woman who told me that it takes 28 days for info to come through on their system. Great system. She told me the PCN was issued on the 19th January (so 18 days after the alleged contravention, and just 38 days before DRP issued a demand for £170). She offered a three month payment plan - I pointed out their letter said 4, so she agreed to 4. I then asked for 6 and she said she'd need me to send three months bank statements to her by email so she could 'discuss with the client whether they would agree to 6 months'. I ended the call and made a complaint to DRP about the whole situation. Two weeks on I've had no acknowledgement of that complaint.

Today I received this response from Smart Parking:

'As per the British Parking Association Code of Practice (paragraph 23.7), all appeals must be submitted to us within 28 days of the Notice to Keeper being issued. Due to the length of time your PCN has been open, we have now referred this to a debt recovery company (Debt Recovery Plus) who are handling the matter on our behalf.  Please contact them directly if you wish to discuss this further. 

I have responded to say I haven't requested the PCN be rescinded, only that any evidence of it is provided. I've also asked for evidence of any reminders and the referral to DRP, as a subject access request. If I actually have failed to pay then I suppose annoying but fair enough, but to escalate it so quickly seems wild. 

Have I done the right things so far, and what - if anything - should I do next? Thanks in advance!

Fruitcake

No, sadly you have not done the right things.

Debt collectors are powerless and can do nothing save send you poor quality bog paper. Ignore them.

Never, ever 'phone a parking company or any of their agents, ever. Stop. Never 'phone them again and block their number.

Plan A is always a complaint to the landowner and your MP. Have you done this yet?

Have you read the sticky Announcement for NEWBIES that gives you all the answers that you need? You need to do this before you do anything else.


Since you are yet another victim who has never received the original PCN, I suggest you sign this petition.

Require communications from Private Parking companies to be traceable/trackable - Petitions (parliament.uk)

Coupon-mad

Stop phoning and stop offering to pay!  You don't pay these things all the time that the rogue parking industry is unregulated.

Even if they show you a PCN, do not PAY.

Loads of threads exactly like yours in recent months. Smart Parking are well known for this scenario. Nobody pays any money.

Search the forum for:

Smart Debt Recovery first letter

@Nellymoser will also reply here, I expect, re the petition that @Fruitcake linked above.

EmmaJaney

Thanks both,I did read the new thread but as I said I was worried by the debt collection element and wanted to get it right (yes I know that's what they rely on). I have signed the petition, have also complained to Smart Parking direct after reading some of the threads on here.

How do I locate the landowner? My MP is usually quite responsive so will do that too.

KeithP

Where exactly did this alleged parking event take place?

EmmaJaney

KeithP said:

Where exactly did this alleged parking event take place?

Behind the Turner Contemporary in Margate.

Nellymoser

Seems you may have been a victim of this practice or your V5C doesn't contain your correct address. Please check it.

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable

Thank you for signing. Follow the advice given here and you'll pay nothing.

Le_Kirk

EmmaJaney said:
How do I locate the landowner?

One of our regulars @Umkomaas regularly posts this helpful advice

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Posted by @Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/78322090/#Comment_78322090

EmmaJaney

Thanks, I managed to find the landowner and have now complained to them, also to Smart Parking and to the ICO.

EmmaJaney

Just updating progress so far (very little). The landowner (well, actually the beneficiary of the fees) has helpfully responded to say they will take it up with the relevant parties, the MP acknowledged but left it with them. I have also complained to the BPA. Smart Parking themselves came back to say that they didn't think my complaint was a complaint, even though I had said 'This is a complaint about your processes and failure to comply with the Code of Practice'.Oh and I contacted Watchdog, as per suggestion somewhere on here. So that's where we are. Thanks again all for advice, will keep you posted.

Coupon-mad

The BPA should investigate the lack of NTK.