Smart parking pcn help please

lemoney55

Hi, Newbie here and I am desperate for help.
This relates to parking fine from smart parking ltd. The landowner is well documented not to respond (this i have discovered thanks to this forum!)

Sequence of events for info (apologies for length of message I am stressed and not sure how to explain clearly, sorry):

Got a letter from debt recovery dated mid september saying pay or else for an unpaid pc fine from late july.When received the above threat in late September I immediately went onto smart parking site instead to appeal directly as not dealing with debt people as only phone number given and no email so no way to reply.
This was before i found this excellent forum, so...
I wrote to smart parking to explain the alleged overstay (12 mins) and that I had paid 4 hrs+ parking. Explained long queue, disabled and its hard to sort ticket. Plus there was no money meters, only the app and poor signal/ obscured tree sign etc. This meant on the day I eventually paid and then extended stay with the only times the app would give me in blocks. We also left the car park early. All true.

I did not name driver when appealing as I was not driving but I am registered keeper and was there. Like others here, to get these letters 2 months later is deeply distressing as i paid for my parking.

Anyway, The smart parking appeal team replied today to say that they noted my comments made, however "as per the Private Parking Single Sector Code of Practice June 2024 (clause 8.4.1a), all appeals must be submitted within 28 days of the Notice to Keeper being issued. Clause 10.1. also notes that if a driver, keeper or hire company does not respond to a notice, subsequent correspondence or a parking charge has not been paid in full, the Parking Charge then becomes overdue after 28 days.
Due to the length of time the PC has been open, this has now been referred to Debt Recovery Plus Ltd, who are now handling this on our behalf. Please contact them directly if you wish to discuss this further. "

...and they inserted a phone number. I only use email due to disability but no option for this.

They also confirmed my tickets paid 4 hrs+ and it was 12 mins not paid so saying insufficient time and that "at any point during your stay, before exiting the car park you could have purchased more time". Which i did to extend my stay but not the time in between as app books in blocks, and not the time before (as who times themselves crossing the threshold of carpark snd waiting in queue?!?! ) plus we left early after being in another queue to leave so its 12 mins difference plus that wait time if you want to get technical! However they say 12 mins and have said "the advertised terms and conditions have been breached."

I was going to reply to say registered keeper etc but then I noticed their alleged letter.....
Its dated 2 days after they say they wrote it and subsequently sent it?
( I have changed the exact dates to remain anonymous but the variance and wording is the same)

E.g "PC was issued to you on 06/08/26 and subsequently posted"
This is 14 days after date parked (15 including day itself). And the letter dated 08t August so 16 days (17 days with alleged date of over stay)?

I also want to bring this to their attention as they have quoted the code of practice at me. This implies they adhere to it surely?
Their 'copy' of this original letter also says
"For Parking Charges issued for a breach of parking terms and conditions on private land in England and Wales on or after 1st October 2012, and in Scotland and Northern Ireland on or after 1st May 2019, an Independent Adjudication Service (IAS) is available if we reject your appeal. Full details of how to use IAS will be provided on any notice of rejection that we may issue. If an appeal is made to IAS, the discounted rate no longer applies.
IAS will not accept appeals unless a formal appeal has been appropriately lodged with and rejected by Smart Parking Ltd in the first instance"

I feel next i should complain via email as I cannot use post due to disability and detail preferred comms method as reasonable adjustment. (Equality Act 2010),.despite them saying only in writing to postal address. Thier own policy gives an email complaints@smartparking.com

Plus I should also appeal again via their online link again to note that I feel their letter was never sent and is dated after they allege it was issued and sent?

Question.....what template do I edit and use as they addressed me as the keeper in their new copy attached (allegedly sent before) and saying appeal time over, passed to Debt collectors. Plus no ref given for appeals.?

Thanks in advance

lemoney55

Just want to add this is the notorious tower road in Newquay..

Plus a chap just won his case for similar issue.

Coupon-mad

Just ignore them completely unless they get a solicitor like DCB Legal to send a LBC (see post 2 of the NEWBIES thread).

Please show us both sides of the PCN with all times and dates showing but your data & refs redacted.

Are you a blue badge holder?

Is the alleged overstay only 12 mins altogether?

lemoney55

Yes blue badge and mobility needs so walking to machines takes longer.

They confirm the alleged overstay is 12 mins

Letter posted 3of 3 pages in response to my original correspondence to them after I got the debt collection letter 1.

I emailed smart parking same day in late September. Received this by email yesterday as their response. I feel the letter has been created after the fact as their dates do noy match. Idsued 3rd and send promptly, but why is their "copy' (which I never received) dated 5th?

lemoney55

Thanks, posted everything I have from them.

Coupon-mad

Put in a complaint to Smart, that:

• they appear to have mocked up a letter that was never sent and have even got the date of it wrong in their reply which looks worse on them;
• they have ignored the CMA's Open Letter from July, by continuing to issue PCNs with no allowance at all as a consideration period in addition to the minimum ten minutes grace;
• they have failed to make a 'reasonable adjustment' under the Equality Act 2010 despite knowing from the appeal (that they fobbed off out of hand) that there was a Blue Badge holder in the vehicle.

Tell them you will report them to the IPC, the CMA and the EHRC for the above, to ensure that they are investigated. No payment will be made for this invoice even if they issue a Claim, which will be robustly defended based on real consumer laws, not the PPSCoP farce. Therefore give up now, cancel this PCN and admit they made errors of judgement.