Smart parking ticket

Alexfw24

Hi all

First of all I have done appeal and being rejected and all that things I shouldn’t have done (let them know I was driver etc ) I have done 😮‍💨

but my case was I parked there on the day, tried to pay the parking found I don’t have enough coin so I downloaded smart parking app as per sign advised . And I tried a while at the same time trying to comfort my 23months old baby who was screaming and crying in pram. After I tried a while and I just couldn’t access it to pay for the parking. So I put my child back to car and fold the pram left the car park to another one which I have evidence of me parked there right after I left the first car park.

the whole time I was standing in front of the payment machine working on the payment but unfortunately it did not work.

I don’t find it fair that if the car park not service it purpose (which should be for us to park the car there so we can go to do whatever we need to do ) , instead it wasted my 15 mins . And I first received this charge letter in new year time although it said it was generated 18th of December.  I then appealed explain the situation plus to advised this was only received in January after new year , due to the Christmas holiday . We received nothing after the appeal confirmation. Then in march a £170 charge from debt recovery company , I phoned to explain again and they simply don’t care just ask me to pay or I would be taken  to court.

I am happy to pay whatever I ought to pay (even though I feel this company does seems to be dodgy as many of others had the same issue with their app, also have no reply after appeal) But I don’t think it’s fair I did not receive appeal result then jump to debt recovery company. The smart parking company insist they did reply appeal result on 22nd of Jan ( at first they told me 19th of Jan) but I checked inbox and junk multiple times and nothing found .

And I requested SAR from them the only reply they sent was listed after an email I sent in March(this was the one they said it was sent to me in Jan but never received by me then  ) . I don’t know if it suppose to be listing in order and they won’t confirm this either.

it is causing me stress that affecting my life and to my child as I constantly worry if I will missed any letter or email.

could someone please advise what to do? And could you please advise me if to be taken to court , will I have any chance to win the case ? 

I still don’t feel I am at fault but if they insist that my car has been on their private land then I’m happy to pay up whatever covered the time but not £170 😮‍💨

thank you all in advance 

Umkomaas

If it's at £170, you're at the debt collector stage and now in 'ignore' mode (see the NEWBIES FAQ Announcement, fourth post).

And could you please advise me if to be taken to court , will I have any chance to win the case ?

I've literally just answered a similar query on another thread. Here's what I said. It applies to your case too.

'Very unlikely to go to court, Smart hardly ever bother. Make sure you update Smart Parking of any change of address in the next 6 years'. 

nopcns

Stop stressing. You are dealing with the intellectually malnourished people at (not so) Smart Parking. Stop thinking about paying these scammers. No one pays them unless they are over ripe fruit that has fallen off the gullible tree.

Yes, it is a pity you didn't find this forum before you blew the best chance to get this cancelled once and for all by revealing you were also the driver. Never mind. Not much you can do about that now.

They will show you win their SAR response that they did send you a response to your appeal with a POPLA code, even if they didn't actually do so. Not surprising as they have to pay for a POPLA code and that doesn't help them with their scam.

You should complain (not appeal) to them that you never received the response to your appeal and whilst you cannot evidence that you didn't actually receive it, (not so) Smart Parking cannot evidence that they did actually send it and you require them to resend the appeal response with a valid POPLA code. Tell them that failure to do so will result in a complaint about them to the BPA.

The most likely outcome, however, is that you will continue to receive a load of useless debt collector letters. Refresh yourself about how these debt collector letters are to be ignored as advised in the Newbies/FAQ thread. It is doubtful whether they will ever progress this to a claim, but if they do, this is where you will win.

Alexfw24

I complaint about that and they sent me a screen shot of their system which I think  they could manually input the information. As I 100% did not receive that email they were referring. I asked them to provide evidence of it was successfully sent but they ignored me after that sent that screenshot . 

Alexfw24

nopcns said:

Stop stressing. You are dealing with the intellectually malnourished people at (not so) Smart Parking. Stop thinking about paying these scammers. No one pays them unless they are over ripe fruit that has fallen off the gullible tree.

Yes, it is a pity you didn't find this forum before you blew the best chance to get this cancelled once and for all by revealing you were also the driver. Never mind. Not much you can do about that now.

They will show you win their SAR response that they did send you a response to your appeal with a POPLA code, even if they didn't actually do so. Not surprising as they have to pay for a POPLA code and that doesn't help them with their scam.

You should complain (not appeal) to them that you never received the response to your appeal and whilst you cannot evidence that you didn't actually receive it, (not so) Smart Parking cannot evidence that they did actually send it and you require them to resend the appeal response with a valid POPLA code. Tell them that failure to do so will result in a complaint about them to the BPA.

The most likely outcome, however, is that you will continue to receive a load of useless debt collector letters. Refresh yourself about how these debt collector letters are to be ignored as advised in the Newbies/FAQ thread. It is doubtful whether they will ever progress this to a claim, but if they do, this is where you will win.

I complaint about that and they sent me a screen shot of their system which I think  they could manually input the information. As I 100% did not receive that email they were referring. I asked them to provide evidence of it was successfully sent but they ignored me after that sent that screenshot . 

nopcns

Just to p!ss them off a bit more, you should tell them that what you have shown us above is not evidence. You require them to produce a full copy of the email, including all headers, which is the only evidence required for strict proof of sending.

Failure to provide a copy of the email (including all headers) response to your appeal will result in an official complaint to the BPA. If they are unable to provide the necessary evidence, they should resend the appeal response with a new POPLA code which will be valid for at leat 28 days from the new response.

Coupon-mad

So sad when you see a 100% easy win case then read that the driver has already appealed.  Just seeing the words Smart Parking in the thread title told us: 100% win at POPLA for the keeper.  Then we find we are too late.

Sit & wait for a court claim. Unlikely, but tell them if you move house, obviously.

Next time you'll know to come here first.

Alexfw24

nopcns said:

Just to p!ss them off a bit more, you should tell them that what you have shown us above is not evidence. You require them to produce a full copy of the email, including all headers, which is the only evidence required for strict proof of sending.

Failure to provide a copy of the email (including all headers) response to your appeal will result in an official complaint to the BPA. If they are unable to provide the necessary evidence, they should resend the appeal response with a new POPLA code which will be valid for at leat 28 days from the new response.

They sent this to me saying this is evidence of what they have sent but two version one in 19th of Jan and one for 22nd of Jan 🤨 I asked if they can show me email have been successfully delivered to me they said they couldn’t provide that cause they sent email via their  system ..

 

Alexfw24

Alexfw24 said:

nopcns said:

Just to p!ss them off a bit more, you should tell them that what you have shown us above is not evidence. You require them to produce a full copy of the email, including all headers, which is the only evidence required for strict proof of sending.

Failure to provide a copy of the email (including all headers) response to your appeal will result in an official complaint to the BPA. If they are unable to provide the necessary evidence, they should resend the appeal response with a new POPLA code which will be valid for at leat 28 days from the new response.

They sent this to me saying this is evidence of what they have sent but two version one in 19th of Jan and one for 22nd of Jan 🤨 I asked if they can show me email have been successfully delivered to me they said they couldn’t provide that cause they sent email via their  system ..

 

Forgot to attached photo …

nopcns

That doesn't prove anything. Tell them to get whoever is responsible for their IT to retrieve a copy of the actual email and to send you a copy of it, to include all the headers. This will be the definitive proof if they really sent it. Anything less is mendacious.

Coupon-mad

Wait...  They said that they sent a POPLA code & rejection letter on 19th and on 22nd Jan? Laughable! Tell them you will report them to the BPA for allegedly falsifying rejection letters.  Give them a week to cancel the PCN.  Then show the BPA your evidence.