To appeal or not to appeal - Smart Parking

TheNewShmoo

OK, I'm tying myself up in knots here (ASD)

Plan A = Complain to the retailer/Hotel/Hospital

There is no retailer and I can't find information for the landowner

Straight to plan B?

Gr1pr

Correct, a complaint to the medical Centre or landowner is quick and should resolve the matter if the delay was their fault on their car park

The no keeper liability because the NTK PCN letter failed to comply with Pofa2012 is plan B, before the appeal deadline expires

In future, the driver should for 90 minutes or whatever, to anticipate delays, or park elsewhere and walk

TheNewShmoo

https://forums.moneysavingexpert.com/discussion/comment/81889591#Comment_81889591

Thankyou. Driver will be made aware of your last line

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81889542#Comment_81889542

It isn't an error. It is done deliberately, they have always had a lazy MO with no keeper liability possible and they are well aware. Fully aware already.

It obviously doesn't void the invoice.

Ignore them.

Come back if you get a solicitor's letter and DON'T show us the £170 DR Plus or DCB Ltd threatograms please. They are already in the pictures in post 4 of the NEWBIES thread and we will self-combust if any more posters show images like they are important!

TheNewShmoo

OK folks. Time for an update on this one

Keeper followed the advice in the Newbies section on 1st March, appealing using the template on the forum

Today keeper has an email stating the appeal has been rejected and the parking charge is upheld. Fair enough, that's up to them and they have given 2 options.

1 - Pay up (Extending the discount date as a gesture of good will)
2 - Appeal to IAS

Now, next steps. From what keeper can work out reading through various threads, keeper should not appeal to IAS as they are pointless. Does that mean to just ignore and wait for court letters?

Alternatively, appeal if it's a slam dunk case. Would this be the time for them to be reminded of the late notification of the parking charge (Attached)

POFA late.jpg

Gr1pr

Ignore them and wait for the Letter of Claim giving you 30 days notice or a Money Claim letter pack from the CNBC in Northampton using MCOL

So you wont receive any court letters until halfway through the money claim process, so after the 8 steps in the defence template thread in announcements

Coupon-mad

Does that mean to just ignore and wait for court letters?

Yep. Unless you have a rare case with some evidence that might work or cause Smart to concede the IAS case.

TheNewShmoo

Thankyou once again. Appreciated

TheNewShmoo

Just had a lovely email from DR+

Charge is now £170

Still ignore for now?

Gr1pr

ignore and wait for an LBC or a Money Claim ( nobody is interested in debt collectors letters or emails. )