SMART PARKING DISPUTE

peabraincantcope1

We run a Private Hire Mini-coach Business.

In Oct 2023 we received two Parking Charge Notice’s (PCNs) for parking violations that took place in September 2023 (13th and 14th). PCN's dated 9th & 10th October.

On the 25th of October 2024 we appealed against both.

On the 14th of November 2023 we received an email informing us that the appeal was not successful. On the 15th of November 2023, we made payment for both PCN @ £60.00 each

We considered the matter closed as we had paid the appropriate charge for both of the PCNs that had been received. Unfortunately, our assumption was incorrect….

On Friday 5th of January 2024, we received FIVE notifications straight from DEBT RECOVERY PLUS for parking charge notices THAT WE HAVE NEVER RECEIVED – all for either 13th or 14th September 2023. Each for £170.00.  All had different and new reference numbers. We complained to Smart Parking who said that it doesn't come under complaints but will be treated as appeals.

 We never heard any more from them but did repeatedly receive batches of the same 5 notifications direct from DEBT RECOVERY PLUS dated 12th Jan 2024, 5th Feb 2024, 28th Feb 2024 & 11th March 2024. All of which we ignored as we had been told by SMART that it would be treated as an appeal. We didn't chase them. We heard nothing more until this week (letter dated 12th Aug, arrived 18th Aug 2025) where we have had a Notice of Debt Recovery from Direct Collections Bailiffs Ltd for £170.00 referencing ONE of the 5 notices that we had received previously from Debt Recovery Plus. It states' You now have 14 days to from the date of this letter to either pay the outstanding amount or call to discuss  repayment. This case is not subject to High Court or bailiff action, however, should you fail to contact us, we will recommend to our client the commencement of legal action against you.'

 Also 'at this point you are no longer able to appeal the parking charge. Your next opportunity to dispute the charge would be if the matter was taken to court'

Please could I ask does anyone have any experiences such as this and/or any advice. My feeling is that as no PCN's arrived we are not liable.

Coupon-mad

First: Stop paying unfair private PCNs. Literally stop paying these things just because appeals are refused. I say again, and tell your colleagues to STOP just paying these private invoices. You need to be clued up and have someone read the MSE Guide (see the little red link at the top of the page leading to the official Guide ... checked by me ... and by Martin Lewis). 

In that year, Smart Parking didn't use the POFA (keeper liability law) so they could NEVER EVER have held your company liable. You paid 2x£60 that you didn't owe & weren't liable for.

Never mind if the PCNs arrived or not! Smart didn't use keeper liability law then. They only started this year, for the first time ever.

Surely these demands are about the same PCNs you paid already? If it looks that way and if Smart never responded to your complaints properly, now complain to the IPC AOS complaints email on the IPC website. It'll get you nowhere but let's see the IPC pretend that Smart haven't done anything wrong!

Obviously, no getting sucked into paying.

And...This month, we need you:

PLEASE bookmark this thread below and do Public Consultation if you (individual drivers in your family & company, AND the company itself - separate response as well) haven't done it yet.

See this thread: -

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We need every poster to come back & complete this vital Consultation before the deadline! Just 2 weeks left but please don't rush it. You can do some then save it and come back to it as you have time.

We understand that you may need some pointers. It looks laborious, we get that.

So to try to help, I've written some guidance on that thread.

Castle

Just checking:-
Do you run this business as a Sole Trader/Partnership rather than as a Company?

peabraincantcope1

Castle said:

Just checking:-
Do you run this business as a Sole Trader/Partnership rather than as a Company?

No, we are a limited company. 

peabraincantcope1

Coupon-mad said:

First: Stop paying unfair private PCNs. Literally stop paying these things just because appeals are refused. I say again, and tell your colleagues to STOP just paying these private invoices. You need to be clued up and have someone read the MSE Guide (see the little red link at the top of the page leading to the official Guide ... checked by me ... and by Martin Lewis). 

In that year, Smart Parking didn't use the POFA (keeper liability law) so they could NEVER EVER have held your company liable. You paid 2x£60 that you didn't owe & weren't liable for.

Never mind if the PCNs arrived or not! Smart didn't use keeper liability law then. They only started this year, for the first time ever.

Surely these demands are about the same PCNs you paid already? If it looks that way and if Smart never responded to your complaints properly, now complain to the IPC AOS complaints email on the IPC website. It'll get you nowhere but let's see the IPC pretend that Smart haven't done anything wrong!

Obviously, no getting sucked into paying.

And...This month, we need you:

PLEASE bookmark this thread below and do Public Consultation if you (individual drivers in your family & company, AND the company itself - separate response as well) haven't done it yet.

See this thread: -

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We need every poster to come back & complete this vital Consultation before the deadline! Just 2 weeks left but please don't rush it. You can do some then save it and come back to it as you have time.

We understand that you may need some pointers. It looks laborious, we get that.

I'm taking a closer look this week and we'll walk you through it. I should have all the first post 'how to respond to each question' advice ready by the end of this week.

I've made a start, covered up to question 9 already. Be patient with me as this is detailed and we don't think average motorists will know about raising the extra points otherwise.

There are vital points to safeguard motorists interests to make, that many people won't think of without our guidance. There won't be a template - the survey is for you to reply in your words - but we'll help everyone with what to focus on. 

Thank you for all your help. The demands are for 5 new PCNs that we never received. Just letters for £170.00 from Debt Recovery Plus

Coupon-mad

Are you getting five separate letters?

If yes, this is harassment but as you are a company you can't be 'harassed' so you might want to try a different and assertive approach.

Your company can either ignore DRPlus (see the MSE Guide which confirms this stage is futile) or exchange emails to flush out some lies about your company being liable & tell them your company's fee plus VAT for handling any future letters.

This puts you on the front foot.

info@drpl.co.uk is their email. Quote all 5 PCN refs AND all 5 DR Plus refs from the letters.

Send this email with your company name, Ltd company number and VAT registration number along the bottom:


Dear Sir/Madam,

Your 5 refs: ...........

You have sent our Company five separate aggressive demands out of the blue, for private parking charges that your client never served at the time. Five separate letters is excessive in itself but there are more rogue practice issues in play than that.

We hereby require you to:

1  - Amalgamate the files.

2. - Explain why and on what basis you are pursuing a corporate entity (our Ltd company) for parking charges that were never served?

3. - Explain why and on what basis you are pursuing a corporate entity (our Ltd company) for parking charges that would have been non-POFA in wording, because Smart Parking only started to use keeper liability this year?

4. - Admit the charges are baseless due to the above, cancel all 5 files and return them to your client, telling them that this company will (from now on, save for your first single reply to this email) charge £50 plus VAT for handling each and every letter.

Take formal notice:

Handling spurious demands from an industry held by the UK Government to be in 'market failure' is not our usual business and causes a significant waste of time and money for our company.

Expecting my company to handle 5 letters every few weeks - for money we do not owe - burdens and harasses our staff, which is wholly unreasonable conduct and breaches the pre-action protocol for debt claims.

All this costs money and we will after today, invoice you or your client (and any other agent they choose to use) at £50 plus VAT for every communication we receive about these supposed parking charges. Our company will not hesitate to pursue our invoices in court if necessary and, if they remain unpaid, we will add statutory interest at 8% plus the Bank of England base rate in addition to late payment fees allowed under the relevant legislation.

yours faithfully,

<COMPANY NAME>

<COMPANY NUMBER>

<VAT REG NUMBER>

Coupon-mad

Just to add,:

any questions on the Consultation please ask - on the dedicated thread - but I've covered up to question 20 already in that first post, openly telling everyone what I'm going to put and/or what sort of evidence you might wish to use for your response, if you agree with what we'll be saying from our experience.

Whilst your answers must of course be your own, there are vital points to safeguard motorists interests to make, that many people may not think of without our guidance because we see cases every day and we know the legal background.

However, people like you have lived & breathed the intimidation, greed and unfairness first hand so your voice is needed!