Parking fine

Michelle1970 · 23 May 2019 at 12:17PM

Hi

Really wanting some advice as I’ve no idea where else to seek advice.
I’ve read many other posts and the newbies section and can’t find anything that’s in the same situation as mine.

Back in Oct I entered a car park smart parking it was £2 allday I put my money in the machine along with my car reg when receiving the ticket it spat a £1 out and issued me a £1 ticket there was someone not sure they worked at the car park or not but they told me machines been playing up stick in a note in your dash and you’ll be fine , with the £1 spat back out I decided to get another £1 to make it £2 I had no other change on me and had taken someone out for the day with severe mental health problems.

I decided not to just only put a note in my window screen but I also rang the company at least 4 times only to lead me to voicemail which I left messages on stating what had happened what time who I am and Which was my car I continued to call but hadn’t no luck in speaking to an actual person but in my mind I’d done my bit as a honest person 2 weeks later I got a fine through the door I appealed it and lost through popla stating id over stayed and paid insufficiently although I paid £2 but separately due to dodgy machine left a cover note and also phone calls.
Popla said there was no evidence of my calls so I went ahead to obtain a full print out of my bill from my mobile phone company and my MP went ahead and sent it they acknowledged my phone calls seeing proof from my bill but just said to my MP at the end of the day I breached their terms and conditions as I paid for two £1 tickets rather than a £2 allday ticket but it wasn’t no my fault that the machine spat my money out and issued me a £1 ticket. It’s not like I went away I put another £1 in to obtain another £1 ticket I just assumed this would be good enough and was told by a memeber of public it would be fine as they had the similar situation.

During the time I’m getting letter from DRP threatening court action if I don’t pay £170.

I decided to get my MP involved explained the whole situation she sent off a letter and she also got a letter saying they wouldn’t be changing their mind and I must pay no later than 14th May to avoid court proceedings.

I was told by people to ignore it but I’ve constant worry because unlike others I admitted it was me and my car and told them the problem with their machines I just feel they acted maliciously in a way as I phoned up being honest and true to what had happened. To be honest I wish I never bothered but I’m too honest for my own good.

So today I’ve received a letter headtitled Zenith which I’ve researched and found out it’s just another header of DRP.

I now have until the 30th May to pay in full £170 but the client is willing to take instalments but do no ignore or court proceeding will take place.

Now this has gone on for a while I’m worried and unsure whether I should keep ignoring or not cause obviously my situation is abit different to all other situations on here I feel like a fool for being honest and thinking that it may go against me even though I don’t feel I’m at fault and did everything in my power to explain the situation.

Now I’m at a loss end do I ring up and offer to pay instalments or do I carry on ignoring? I’m full of bad luck and some say I may be paranoid but at end of the day they know who I am they know I admittedly it’s my car and I was the driver but they choose to avoid that I was being honest and did everything I could in being an honest person.

The car park has not once commented about their faulty ticket machine it’s like they’re avoiding it.

Any help or advice is greatly appreciated and thank you

Quentin · 23 May 2019 at 12:45PM

You say you followed the newbies faq

What to do after popla fails is covered in #4;

You ignore everything except a lbcca or court correspondence

If it comes to that then come back for advice on how to defend a court claim at that time

fisherjim · 23 May 2019 at 12:46PM

Look your situation is no different to anyone elses that gets scammed by these despicable muppets.

You now have two choices one keep on ignoring these scamming idiots at DRP/Zenith, why would anyone pay them for just scaring you?

Or pay them which in out view on here is supporting a scam.

You seem to have covered most things I would wait and see what happens they may try a punt in court, but as you have quite clearly paid the full fee a clued up judge would see through their filthy scam.

Smart aren't very smart anyway, oh and it's not a fine, it's an invoice.

pogofish · 23 May 2019 at 12:59PM

Michelle1970 wrote: »

Hi
I’ve read many other posts and the newbies section and can’t find anything that’s in the same situation as mine.

Post 1:2:2 of the Newbies Sticky covers your situation completely...?

The_Deep · 23 May 2019 at 1:24PM

If you had read the stickies you should know that this is not a fine, it is an invoice for the damage they allege they suffered when allegedly, you breached an alleged contract. We call it as scam. Do not pay them a penny, do not contact them, ignore them unless/until they enter a money claim against you in the County Court. It is A Civil Court and not a big deal..

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad · 24 May 2019 at 2:46AM

I now have until the 30th May to pay in full £170 but the client is willing to take instalments but do no ignore or court proceeding will take place.

Don't be a victim, of course you don't pay.

You do realise after reading the NEWBIES thread that ONE EMAIL would have quashed it? We are sooo frustrated people don't just come here first (when they get the fake PCN) and use the template appeal that sees Smart crawl back under their stone.

There was no need to phone them (NEVER PHONE A PPC) and no need for any of this stress.

Michelle1970 · 24 May 2019 at 8:51AM

Thank you for the advice I appreciate it.

Unfortunately I couldn’t see that #4 of the newbies section I am new to this so I apologise for any inconvenience caused if any.

I contacted them on the day of parking simply cause I’m honest I’m going to check out the newbie section again see if I can find this part on there but like I say I am new to this and not 100% clued up on it yet but I am getting there. Again sorry and thank you

The_Deep · 24 May 2019 at 8:59AM

I contacted them on the day of parking simply cause I’m honest

But they are not, their raison d'etre is to cheat you of your cash. Wise up, and you will not only not pay them a penny, you could cost them money for their hubris. These companies are scum.

Have you complained to your MP yet?

,

Michelle1970 · 24 May 2019 at 11:15AM

Yes I complained to my MP and she send copies of my phone bill I provided to her as smart was saying there was no clear evidence of my calls even though I’d left voicemails.

Popla now acknowledge the evidence of the calls but say they are not changing their mind the decision is final and that I must pay.

I have continued to ignore and I also received an email from my MP saying that there’s nothing else she can do from her end and I should pay the fine to prevent court action which I have of cause not taken any notice and continue to ignore these letters

Quentin · 24 May 2019 at 11:19AM

Shame on your MP giving such ignorant bad advice tio a constituent

Coupon-mad · 24 May 2019 at 11:36PM

Popla now acknowledge the evidence of the calls but say they are not changing their mind the decision is final and that I must pay.

POPLA can't tell people they 'must pay'. Ignore that!

I have continued to ignore and I also received an email from my MP saying that there’s nothing else she can do from her end and I should pay the fine to prevent court action which I have of cause not taken any notice and continue to ignore these letters

Good.

Come back if they ever try a small claim, and tell Smart in writing if you change address.

Parking fine

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