Received £170 debt collector letter, but never received the original Smart Parking fine

C_J

I would be grateful for your advice, please. My daughter has today received a £170 debt collection letter in respect of a parking fine incurred last October. She does not dispute the original fine as she admits she was parked where stated (it used to be free parking but she did not realise it was now privately controlled, her fault entirely) but she never received the original £60 fine from Smart Parking. She tried calling them to tell them this but they just insisted it had now been passed to debt collectors and she must pay the £170. What are her rights? Is there any onus on the parking company to prove they sent the original fine?

Gr1pr

There is no fine,  just an outstanding invoice from Smart Parking 

She has the right to ignore the powerless debt collectors,  so should do so

Come back to this thread if or when she receives a formal Letter of Claim giving her 30 days notice,  in the post 

Or 

If she receives a Money Claim N1SDT pack from the CNBC in Northampton using MCOL in the post 

There are few rights because its currently an unregulated industry 

Do not pay 

Le_Kirk

C_J said:

I would be grateful for your advice, please. My daughter has today received a £170 debt collection letter in respect of a parking fine incurred last October. She does not dispute the original fine as she admits she was parked where stated (it used to be free parking but she did not realise it was now privately controlled, her fault entirely) but she never received the original £60 fine from Smart Parking. She tried calling them to tell them this but they just insisted it had now been passed to debt collectors and she must pay the £170. What are her rights? Is there any onus on the parking company to prove they sent the original fine?

NO, it is the fault of the PPC as they are supposed to make it clear by signage that systems or ownership and protocols have changed and keep that new signage up for four months!  It is worrying that she did not receive the original PCN from Smart; that may be because her V5C is not up-to-date with her correct address.  Check that, don't guess!  It is not a fine but a speculative invoice sent by unscrupulous chancers (as per the parliamentary debate in 2018).

C_J

Thank you @Gr1pr. The letter she received this morning (her first notification) is from Debt Recovery Plus to say she has ignored their previous letters (which she has not received) and offering her the opportunity to pay £10 today and the balance in 30 days.

Le_Kirk

DRP probably traced her using a tracing company at a cost (to them) of 0.29p.  Just check the V5C

C_J

Thank you @Le_Kirk. She has not moved house, her V5C is up to date, and the letter from the Debt Collectors today is correctly addressed to her.

Gr1pr

Ignore them. !

Follow our advice 

Come back to this thread if she receives letters from DCB LEGAL or QDR or the CNBC in Northampton 

Car1980

1. Check theV5C logbook to make sure your vehicle address is up to date.
2. Not unknown for parking scammers to fail to send out the original £60 letter but send out a £170 one. Easy money making scheme.
3. Debt Recovery Plus are a powerless threatogram writing company. Ignore them.
4. You don't owe the money, whether it's £60 or £1000.
5. Smart Parking cases go to DCB Legal who make court claims with the intention of discontinuing. No court hearing. No judge. Just scare tactics.
6. When the court claim arrives you just defend online (using the supplied template on this forum), fill in another form and then wait for them to quit a few months later.

There is no debt. It's a legalised scam. Your friend must "man up" and not be scared by court claims, CCJs and thoughts of judges. It costs them £35 to file a court claim, which is good value when half of people immediately pay up out of fear.

C_J

Thank you @Car1980. I have forwarded her your advice. I have also suggested she returns to the car park (but doesn’t drive in, so ANPR doesn’t register her again!) and takes photographs of any parking signage.

I am very grateful for everyone’s replies, I fully understand that all the information she needs is already on this forum but there is so much info and so many threads that it is very overwhelming, especially when you are distressed by the threatening letter just received. I do appreciate everyone’s patience and assistance.

C_J

Is there a template email or letter on here somewhere which she can use to dispute having received any previous letters please? How should she approach this?

Gr1pr

Study the latest posts in the SUCCESSFUL COMPLAINTS thread,  linked in the newbies sticky thread in announcements near the top of the forum by coupon mad 

But dont bother arguing with the debt collectors,  they only want the money,  not complaints or excuses  ( falls on deaf ears, no power to alter anything as sub contractors. )