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Help please! At my wits end.

In 2021 I received a parking charge notice from P Smart Parking. The charge was basically for not paying for parking quickly enough.  I entered Tower Car Park in Newquay at 11.47 and left at 15 01. I had about 3 minutes left on my ticket. 
I appealed via POPLA and they upheld the charge.  My 'crime' was that I entered the car park, walked to the payment area, there was a queue and we were all having issues downloading the App to pay for parking.  So, although I bought enough time (because I left within the bought time limit) they said that I should have paid extra for all the time I was in the car park queuing to pay.  I had absolutely no idea this was the case and am at a loss as to how you could do this.  They passed this on to Debt recovery plus which I ignored and had the last letter from them in March 2022.  I have now received 2 letters from dcbl - who advertise on their letter as featured on 'Can't Pay? We'll take it away!'.  We are pensioners, my husband is ill and very scared by the letter, I have Multiple Sclerosis and could do without the worry but just feel bullied into paying something we don't owe.  

Could anyone help with advise please?
Many thanks in advance.

Comments

  • Gr1pr
    Gr1pr Posts: 9,033 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Ignore the powerless debt collectors letters,  no bailiffs will be knocking 

    Come back to this thread if or when you receive a Letter of Claim giving you 30 days notice to reply,  in the post 

    And / or 

    An N1SDT court claim pack from the CNBC in Northampton using MCOL to arrive in the post 

    But definitely ignore the debt collectors like dcbl
  • Car1980
    Car1980 Posts: 1,585 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Popla is a kangaroo court.

    Ignore the "Can't Pay" nonsense. It's to make you think they're bailiffs when they're actually powerless debt collectors. When was that last on TV? 10 years ago?

    Three letters from DCBL is the usual, followed by two from DCB Legal.

    Come back here when you receive a DCB Legal one.

    Their modus operandi is to make a county court claim and discontinue at the eleventh hour ie. they have no intention of actually going to court and just use the justice system as a cheap debt collection service.

    DCB Legal can be made to think again with vulnerable victims, so I suggest we compose an email to DCB Legal when you have your letter from them.

    although I bought enough time (because I left within the bought time limit) they said that I should have paid extra for all the time I was in the car park queuing to pay. 
    That is appalling. Who is your MP by the way? Definitely worth getting them involved as well. 
  • 1505grandad
    1505grandad Posts: 3,832 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    No POPLA as they are IPC AoS members

    Smart Parking Limited

    Company Bio
  • JJ58
    JJ58 Posts: 5 Forumite
    Third Anniversary First Post
    Thank you all - I am new to this so not sure how to comment on individual messages so apologies. I am really grateful for the suggestions and support. :)
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Look at it like this; they are a private company of very little use, morals,or sympathy, they are like the scammers you see on Scam Interceptors on BBC1 only they fly just inside the law.
    You have a speculative invoice from them as they have developed ways of making up rules and conditions printed on signs in landowners car parks that are deliberately vague, or hard to follow, or hard to comply with as you have found out.
    They make no money from the car parking fee, they don't charge the landowner anything, they only make their vast profits out of victims that fall for their scams. They are over the moon when you fail, they are not helping anyone except themselves, try not to worry, we are here for you.
    The regulars on here have seen it all and this forum has been helping people against these awful firms since 2008.
  • Thorndorise
    Thorndorise Posts: 353 Forumite
    100 Posts First Anniversary Photogenic Name Dropper
    edited 27 June at 12:28PM
    This is.....by its very nature impossible to do - as the ticket starts when you pay - you cannot start it at a time before you pay...

    they said that I should have paid extra for all the time I was in the car park queuing to pay.

    Isn't this the same situation as the Rosie - who got PCNs for not paying within 5 mins of entering the site? Given the queues and the issues downloading the app and your vulnerable status, they are an appalling bunch of monsters for even considering pursuing this.

    Keep checking back here, the regulars will help you manage this, the companies will NOT help, it's not in their interests regardless of you and your personal situation...they are there to make money.

    Don't be scared, all manageable.
  • JJ58
    JJ58 Posts: 5 Forumite
    Third Anniversary First Post
    Morning,  I have just received a letter from the court talking about County Court Judgements etc.  Asking for income and outgoings. My husband is just out of hospital having been seriously ill - he is waiting to see a neurologist, we think he has Parkinson's.  I don't know what to do - I can't tell him about it because it will completely freak him out, we have never had anything like this in our lives. 
    Does anyone have suggestions?  Many thanks in advance,  :'(
  • ChirpyChicken
    ChirpyChicken Posts: 1,688 Forumite
    1,000 Posts Name Dropper Photogenic
    you only need to be dealing with the second page of the claim form(the one after the cover page) the rest is irrelevant
  • Coupon-mad
    Coupon-mad Posts: 153,221 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 August at 1:48PM

    JJ58 said:
    June 2025

    In 2021 I received a parking charge notice from P Smart Parking. The charge was basically for not paying for parking quickly enough.  I entered Tower Car Park in Newquay at 11.47 and left at 15 01. I had about 3 minutes left on my ticket.  
    I appealed via POPLA and they upheld the charge.  My 'crime' was that I entered the car park, walked to the payment area, there was a queue and we were all having issues downloading the App to pay for parking.


    So, although I bought enough time (because I left within the bought time limit) they said that I should have paid extra for all the time I was in the car park queuing to pay.  I had absolutely no idea this was the case and am at a loss as to how you could do this.

    They passed this on to Debt recovery plus which I ignored and had the last letter from them in March 2022.  I have now received 2 letters from dcbl - who advertise on their letter as featured on 'Can't Pay? We'll take it away!'

    We are pensioners, my husband is ill and very scared by the letter, I have Multiple Sclerosis and could do without the worry but just feel bullied into paying something we don't owe.  

    Could anyone help with advise please?
    Many thanks in advance.

    This is.....by its very nature impossible to do - as the ticket starts when you pay - you cannot start it at a time before you pay...

    they said that I should have paid extra for all the time I was in the car park queuing to pay.

    Isn't this the same situation as the Rosie - who got PCNs for not paying within 5 mins of entering the site? Given the queues and the issues downloading the app and your vulnerable status, they are an appalling bunch of monsters for even considering pursuing this.

    Keep checking back here, the regulars will help you manage this, the companies will NOT help, it's not in their interests regardless of you and your personal situation...they are there to make money.

    Don't be scared, all manageable.
    Update, August 2025

    Morning,  I have just received a letter from the court talking about County Court Judgements etc.  Asking for income and outgoings. My husband is just out of hospital having been seriously ill - he is waiting to see a neurologist, we think he has Parkinson's.  I don't know what to do - I can't tell him about it because it will completely freak him out, we have never had anything like this in our lives. 
    Does anyone have suggestions?  Many thanks in advance,  :'(
    Yep we can help. Think of this as the ultimate 'appeal/dispute' stage where DCB Legal will give up before the hearing.

    Is this addressed to your husband?

    What is the ISSUE DATE top right of the document headed Claim Form?

    It needs acknowledging then defending but in his name. Then the defence is done on Money Claim Online if you can do that? Everything in the name of the Defendant though, if that isn't you.

    We have a Template Defence at the top of the forum.
    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 THREAD
  • JJ58
    JJ58 Posts: 5 Forumite
    Third Anniversary First Post
    Hi 

    No it's in my name - thank you, I'll look for it now.
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