Smart Parking PCN on lease car - liability transferred but they won't deal with me

st_cajetan

Please can the community help with this Smart Parking PCN, not sure where to go with it.

The PCN was first sent to the lease company back in February as the registered
keeper of the vehicle. They then transferred liability to myself as
the lessee. Upon receiving the Notice to Driver (not Notice to Hirer) via post I
submitted an initial appeal via the Smart Parking website based on the one in the newbies thread on here. They didn't include the confirmation from hire
company that the vehicle was hired, copy of hire agreement or a copy
of statement of liability signed by hirer, copy of the
original NtK.

I received no further correspondence within 35 days so I followed up with Smart Parking, their response being 'liability no longer in your details'.

Shortly afterwards the lease company and myself both received letters
from Debt Recovery Plus, without any response to the appeal. I appealed to Tesco on site to cancel the charge, but they have said they are unable to do anything as they are only a tenant and will not release the landlord details.

A further demand from DRP arrived last week, so I submitted a complaint to Smart Parking. Their response:
"As you had disputed that you was the driver in the appeal, the parking charge is no longer in your name.

Debt Recovery Plus have been advised of this, no further action is required from yourself."

I'm assuming they're hoping the lease company pays up, as there is nobody else they can pursue. I have instructed them not to pay but doubt they will hold out. 

In all honesty I would probably have paid the initial £60 if they had denied first appeal with a proper response to save myself from the hassle it's turning into.

Gr1pr

You should instruct the hire company or lease company not to pay a penny 

The lease company transferred the liability to the hirer,  not to the Driver,  so used POFA 2012 to extricate themselves from the liability,  job done 

Smart Parking had your details,  so it's currently their problem 

Neither you nor the hire company should be worrying about powerless debt collectors letters,  both of you should be ignoring debt collectors letters,  so let them stew 

Coupon-mad

Make a complaint (see Smart's complaints portal) and NAME YOURSELF AS THE DRIVER and tell them to deal only with you at ADDRESS.