DCBL, Smart Parking, POPLA appeal denied 2020

LavenderKuromi

Hi , I wonder if you can help , please. 

I have followed the threads on here as best as I can.

Back in 2020, I used a car park I had often used. I am a Blue Badge holder and we had to pay 70p per hour. This particular day, the machine said "Cancelled. Printing Failed". I knew a lot of car parks were suspending payments because of covid and handling cash, so I photographed the screen in case of any issues. I also saw other people go to the machine and not able to get a ticket, just walk off. 

I have mobility issues and was in the car park 24 minutes after visiting 1 shop. 

Needless to say, Smart Parking sent me a PCN for £170. I appealed to them and asked why the machine was unable to be used. Never got an answer and told to go to POPLA.

I did. And despite Smart Parking providing a print out saying I was parked for 2 hours and had paid, POPLA, said I owed £85. They told me I had not provided evidence Smart Parking were asking for £170, even though I did, never asked Smart Parking for an explanation as to why the machine wasn't working and that Smart Parking had told them I had paid "was an error", I of course had my appeal denied. 

Fast forward to a couple of weeks ago, DCBL send me the standard £170 demand from their client. I immediately searched these forums and found I needed to contact the landowner, which I did. After a couple of emails, the landowner told me they no longer employ Smart Parking and are not willing to help me, "sorry".

I also emailed DCBL saying this alleged debt is in dispute as per this forum, and that as I had moved to erase my previous address. I got an automated reply. Last week another demand came. No reply to my email.

I SAR'd POPLA, but they have not provided Smart Parking's evidence, which shows they stated I paid which may be an error but the argument would surely be that was a very misleading error?

At a loss as to where to go next. Surely they can't demand a debt intended for a previous employer of theirs? 

Really would appreciate some advice from those more experienced in parking appeal matters than me.

Gr1pr

Go to post 4 in the newbies sticky thread in announcements,  about ignoring powerless debt collectors letters,  like from DCBL 

Don't go anywhere else,  but do come back here to this thread if or when you receive a Letter of Claim or a Court claim on the future 

Meanwhile,  rest easy 

LavenderKuromi

Thank you 

LavenderKuromi

Ok, I got a Letter of Claim yesterday. 

Now, further to an earlier post where I was told by the landowner that they no longer employ Smart Parking and can't help as they no longer employ Smart Parking. I am going to take a trip there next week to check. 

However, I gather I need to now keep on top of this as I can see the forums alight with Smart Parking claims.

Gr1pr

Email the LoC response template to DCB Legal,  as seen in the newbies sticky thread in announcements near the top of the forum by coupon mad,  second post 

Umkomaas

It's been standard advice to ignore the IAS appeals process - only a 4% chance of succeeding. But, Smart are new to the IAS process, and a fully weighted appeal, which Smart will have to respond to, maybe is a way to test out how Smart and the IAS deal with one. 

Have a read of this thread by @doubledotcom and decide for yourself. Let us know how you proceed. 

https://forums.moneysavingexpert.com/discussion/6611695/lets-enrich-the-ias/p1

LavenderKuromi

I have just found a reply to my email yesterday to the landowner but not in my name, who have confirmed they own the land AND Smart Parking STILL run it on their behalf. So the landowner has already lied saying they no longer employ Smart Parking. 

I shall be pursuing them again. How dare such a large "caring" supermarket chain, lie to steal £170 off of a disabled person. 

Coupon-mad

Totally agree.

None of the money goes to the Supermarket or landowner though, so basically they are allowing a protection racket to operate.

LavenderKuromi

Oh, that's interesting thank you. 

Will report back with further information as I get it.

LavenderKuromi

Ok. Here we go with redacted information. Day of service is going to be 13th July. Just popping out, but all pointers to how I proceed with this very much welcome. Also, can we email our defence now? 
Many thanks you's.

Coupon-mad

No, don't email a defence.  I'm about to put up a shorter one that can be put in on MCOL so that the CNBC cannot lose it and give you a wrongful CCJ, as has been happening too often.

What's the issue date?