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kinnoull street parking perth Scotland

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Hi, I’m a total noob so any advice will be welcomed.


I’ve read a lot about the smart parking in Perth being a rather bad one when it comes to getting fines, I was in the city centre on the 2nd of November 2016 to see Ross noble, i spent 4hrs in the place and paid for 4 hours and left the car park.

The first of me knowing anything was wrong was when I got a letter from debt recovery plus stating I had to pay a fine of £160 pound. !!!!!!? The letter says I had overstayed the allowed time. Luckily I kept the ticket as proof of payment to the machine. I genuinely never received a letter from the smart parking company to say that I had overstayed and like I said the first of me knowing was the letter asking to pay the fine.

I went to the smart parking website and launched an appeal, (after some reading I know now I shouldn’t have) with my proof of payment and the debt letter I received. I got an email back today saying:
Thank you for your recent communication.
As per the British Parking Association code of practice (paragraph 22.7), all appeals must be submitted to us within 28 days of the Notice to Keeper being issued. Due to the length of time your PCN has been open, we have now referred this to a debt recovery (Debt Recovery Plus) who are handling the matter on our behalf. Please contact them directly if you wish to discuss this further.
Debt Recovery Plus: 0208 234 6775 or 0141 301 2355.

As I never received any communication in the post from smart parking how could I have launched my appeal within the 28 days?

I would ideally like to get this cancelled from smart parking but at a push can I just ignore the letter coming through the post for the debt?

I know I’m in the right as I paid my parking and never received any communication till I got the debt letter.

thanks for any help that can be given.
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Comments

  • AltheHibby
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    Too late to totally ignore, but start doing so now. I trust you didn't say you were the driver?
  • Amccormack
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    I never said in my appeal I was the driver of the vehicle but said I was told by the car park management I could pay for the parking on the return as I had no spare change and no other facilities were in place to pay.
  • AltheHibby
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    As you haven't identified the driver it's difficult for Smart to go anywhere with it. That's good.
  • Coupon-mad
    Coupon-mad Posts: 132,416 Forumite
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    edited 16 January 2017 at 10:33PM
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    Amccormack wrote: »
    I never said in my appeal I was the driver of the vehicle but said I was told by the car park management I could pay for the parking on the return as I had no spare change and no other facilities were in place to pay.

    OK, that will have caused the ridiculous PCN but it was never received, so you must now ignore debt collector letters. This missing post issue happens a LOT with Smart Parking...wonder why...? Odd, fancy a private parking firm having post issues and going straight to debt collector letters!
    I would ideally like to get this cancelled from smart parking but at a push can I just ignore the letter coming through the post for the debt?
    You could get it cancelled by complaining to the landowner - you have the ticket to prove payment and have been denied appeal so complain to the venue - and whoever this 'car park management' was - not Smart Parking by any chance?

    Read this and relax - come back if they try a small claim which is unheard of for them (but can never be assumed it is over until 6 years is up) Even better, a small claim in Scotland would have no 'keeper liability' to rely on because you don't have that. Hence, do not imply who was driving.

    http://forums.moneysavingexpert.com/showthread.php?t=5035663

    DO NOT PAY.

    DO NOT PAY SMART PARKING AND CERTAINLY DO NOT PAY OR PHONE UP NOR REPLY TO DEBT RECOVERY PLUS.

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 41,452 Forumite
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    Isn't there a MSP who's on Smart's case over this car park? Here's the record of a debate in the Scottish Parliament about parking.

    https://www.theyworkforyou.com/sp/?id=2015-09-22.7.0

    Just found the name of the MSP - Murdo Fraser. Drop him a big complaint about you being hassled.

    https://www.perthshireconservatives.org.uk/news/msp-stung-faulty-parking-meters-calls-their-scrapping
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Amccormack
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    I kinda knew something like this would happen so I kept the ticket and the car park owners are the smart parking bunch,

    im just just a bit miffed that they can get away with trying the bully tactic of a debt recovery company instead of sending me a letter to appeal.

    ill give the link a read and thanks for you help
  • Coupon-mad
    Coupon-mad Posts: 132,416 Forumite
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    Tell your MP, complain to retailers, all of them. Make a fuss but do not pay, DO NOT say who was driving, even in a complaint. Just say 'we'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • hoohoo
    hoohoo Posts: 1,717 Forumite
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    Dedicated to driving up standards in parking
  • Amccormack
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    hi, got another letter from now a different debt recovery agency, I phoned up the smart parking bunch (hopefully not shot myself in the foot) to ask for some more info on my case stating I hadn't received any correspondence from them before the 28 days period and stating my time was paid. I guess my calculations were off as I should have paid for 6 hours instead of 4. now I know im in the wrong but 160 quid seems very steep for 2 hours worth of parking. is it best to the hit and grumble or just get ignoring the letter and hope for the best?
  • Umkomaas
    Umkomaas Posts: 41,452 Forumite
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    hi, got another letter from now a different debt recovery agency,
    Zenith, no doubt. Check bottom right corner of letter (pale grey text) to tell you exactly who they are.
    I phoned up the smart parking bunch (hopefully not shot myself in the foot) to ask for some more info on my case

    Which part of 'completely ignore, do not phone a PPC or a debt collector' are you having trouble with?

    The more you pick at this sore, the more septic it will become. Leave it alone!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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