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Help with Private Parking Charge – Northern Ireland (Smart Parking Ltd / Debt Recovery Plus)

Irishmermaid
Posts: 3 Newbie

Hi everyone,
I’m really stressed about this and would really appreciate some advice. I’ve read through the Newbies thread and other forum posts, which helped me draft my appeal, but I’m now confused about what to do next. I’m sorry if this has already been covered—I’ve tried to read as much as I can, but it’s all becoming overwhelming.
I received a private parking charge from Smart Parking Ltd for overstaying by 10 minutes in a car park in Belfast, Northern Ireland.
My Situation:
I have mobility issues and mental health conditions, which I mentioned in my appeal.
The car park was poorly lit, and I struggled to find the entrance and confirm if the gate was open when I returned after dark.
I felt vulnerable as a woman alone at night and after suffering from a panic attack, I needed time to calm down and catch my breath before driving.
I tried to pay for extra time before leaving the car park after I calmed down and realised that I had overstayed but the system only allowed me to purchase another full hour, which seemed excessive for just 10 minutes. (In hindsight I probably should have just paid that!)
I also referenced the 10-minute grace period, which I understand BPA members should honour.
The original notice was sent to my old address, so I only received it late and appealed as soon as I could.
My appeal was rejected, and Smart Parking Ltd immediately referred the case to Debt Recovery Plus. I’ve read that Debt Recovery Plus has no real enforcement power, so I’m unsure whether to ignore them or take further action.
I admitted I was the driver in my appeal—I now realise I probably shouldn’t have, but I felt I had to explain my disability issues.
I’m also really anxious about whether this could go to court. I’ve read various posts saying I might need to prepare a defence, and honestly, the whole idea is making me feel incredibly stressed. Part of me just wants to pay the £100 to make it go away, but I also feel like this isn’t fair and I hate being bullied.
My Questions:
1. Should I appeal via POPLA? (I’m in Northern Ireland, and I don’t know if this is an option here.)
2. Should I contact my MP? I’ve seen others do this—has anyone had success that way?
3. Do I ignore Debt Recovery Plus? (Most advice suggests they can’t actually enforce anything.)
4. Could my case be stronger under the Equality Act 2010? I didn’t reference it directly in my appeal, but I did mention my disability and mobility issues.
5. Does the fact that they spelled my name wrong have any legal impact? They missed out the last two letters.
Here is Smart Parking Ltd’s full response, word for word:
17 February 2025
Dear XXXX
Parking Charge Notice: XXXX
Thank you for your recent communication.
As per the Private Parking Single Sector Code of Practice June 2024 (clause 8.4.1a), all appeals must be submitted within 28 days of the Notice to Keeper being issued. Clause 10.1 also notes that if a driver, keeper, or hire company does not respond to a notice, subsequent correspondence, or a parking charge has not been paid in full, the Parking Charge then becomes overdue after 28 days. Due to the length of time the PC has been open, this has now been referred to Debt Recovery Plus Ltd, who are handling this on our behalf. Please contact them directly if you wish to discuss this further.
Debt Recovery Plus: 0208 234 6775 or 0141 301 2355
We note the comments made within your appeal; however, we cannot rescind the PC on this basis. We wish to confirm that the contravention of insufficient paid time occurred, as our system confirms that whilst 180 minutes were purchased against Vehicle Registration Mark (XXXXXXX), your vehicle remained on site for 190 minutes.
The signage onsite clearly informs motorists that they are required to purchase a valid ticket for the full duration of their vehicle’s stay onsite. Furthermore, additional time can be purchased at any point before exiting the car park, allowing for any unexpected overstays due to circumstances such as those outlined in your appeal.
We wish to inform you that the car park in question is operated by ANPR camera systems, which capture images of your vehicle entering and exiting the site, subsequently calculating your total stay duration. This information is then paired with the data entered into the payment machine/alternate payment option to establish whether or not the correct payment has been made against the full and correct vehicle registration for the total duration the vehicle is on site—this is calculated from the time of entrance to the time of exit.
As the vehicle was on site in excess of the parking time purchased, and no valid additional payments were made to cover the entire parking duration, we wish to advise that the advertised Terms and Conditions were breached. Subsequently, the PC has been issued correctly. The Terms and Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers.
Yours sincerely,
Smart Parking Ltd
Smart Parking Ltd (also trading as Town and City Parking), registered in Scotland (SC138255),
5 South Inch Business Centre, Shore Road, Perth, PH2 8BW
www.smartparking.com
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Any advice would be really appreciated. Thank you so much in advance!
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Comments
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Here’s your post in UK English:---Hi everyone,I’m really stressed about this and would really appreciate some advice. I’ve read through the Newbies thread and other forum posts, which helped me draft my appeal, but I’m now confused about what to do next. I’m sorry if this has already been covered—I’ve tried to read as much as I can, but it’s all becoming overwhelming.I received a private parking charge from Smart Parking Ltd for overstaying by 10 minutes in a car park in Northern Ireland.My Situation:I have mobility issues and mental health conditions, which I mentioned in my appeal.The car park was poorly lit, and I struggled to find the entrance and confirm if the gate was open.I felt vulnerable as a woman alone at night and needed time to calm down and catch my breath before driving.I tried to pay for extra time, but the system only allowed me to purchase another full hour, which seemed excessive for just 10 minutes.I also referenced the 10-minute grace period, which I understand BPA members should honour.The original notice was sent to my old address, so I only received it late and appealed as soon as I could.My appeal was rejected, and Smart Parking Ltd immediately referred the case to Debt Recovery Plus. I’ve read that Debt Recovery Plus has no real enforcement power, so I’m unsure whether to ignore them or take further action.I admitted I was the driver in my appeal—I now realise I probably shouldn’t have, but I felt I had to explain my disability issues.I’m also really anxious about whether this could go to court. I’ve read various posts saying I might need to prepare a defence, and honestly, the whole idea is making me feel incredibly stressed. Part of me just wants to pay the £100 to make it go away, but I also feel like this isn’t fair.My Questions:1. Should I appeal via POPLA? (I’m in Northern Ireland, and I don’t know if this is an option here.)2. Should I contact my MP? I’ve seen others do this—has anyone had success that way?3. Do I ignore Debt Recovery Plus? (Most advice suggests they can’t actually enforce anything.)4. Could my case be stronger under the Equality Act 2010? I didn’t reference it directly in my appeal, but I did mention my disability and mobility issues.5. Does the fact that they spelled my name wrong ("SHARR" instead of "Sharron") have any legal impact?Here is Smart Parking Ltd’s full response, word for word:[PASTE LETTER HERE]Any advice would be really appreciated. Thank you so much in advance!---This keeps everything structured, in UK English, and clear while showing how stressed you are. Let me know if you’d like any changes!0
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Debt collectors cannot do anything but send silly letters. The more they send, the sillier they get. Ignore them.Smart Parking are litigiously benign in England and Wales, where the court route is well known to, and utilised hugely by the private parking Mafia. Smart have hardly ever issued a court claim there. Smart have never, to the forum's knowledge, issued a court claim in Scotland, where the court route is different to E/W. They have never, to the forum's knowledge, issued a claim in NI, where, again, the court route is different and outside their knowledge zone. So, they're really never going to make you their first NI court victim.By all means engage the help of your MP. Others in NI have consulted the Consumer Council. Whatever direction you follow, do not pay this charge, nothing is likely to happen to take this further.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street4 -
ignore completely and get on with your life4
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Contact your consumer council, they know all about Smart Parking and the rubbish that the debt collectors like DRP and DCBL spout
The code of practice they mention is NOT a law, it's just a fabrication. And your consumer council know all about the FAKE add-ons of DRP and DCBLhttps://www.youtube.com/watch?v=_CiL0u4CYg0
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Thanks so much, I really appreciate all the replies! I'm going to contact Consumer Council just for peace of mind.1
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Irishmermaid said:Thanks so much, I really appreciate all the replies! I'm going to contact Consumer Council just for peace of mind.
Please also sign the petition below and get your friends and family to do the same.
Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament. - PetitionsI married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks1 -
I’m also really anxious about whether this could go to court. I’ve read various posts saying I might need to prepare a defence.But NEVER in NI and NEVER v Smart Parking who don't even sue in England!
IGNORE THEM. Laugh at the threatograms.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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