PCN-Smart Parking Ltd -Letter never received

sunshine321_2 · 20 June 2017 at 6:36PM

Parking Charge Notice- Debt Recovery Plus Ltd on behalf of Smart Parking Ltd

Hi there,

I am unsure as to how I approach a parking charge which I received in the just post yesterday- Location Riverside shopping centre Erith. Help and advice would be greatly appreciated many thanks in advance.

Basically I received received a letter in the post quite unexpectedly yesterday 20/06/17 from Debt Recovery Plus Ltd-DRP (please let me know if you'd like me to attach on here) saying that they were writing to me because I had not paid their client 'Smart Parking Ltd) and the amount owing is £160 for a parking charge dated 07/05/17.

I find this very odd as I have definitely not received a letter of communication from 'Smart Parking Ltd' at all in relation to said offence. Reason stated in this letter is: 'Insufficient paid Time'

I went onto the 'Smart Parking Ltd' website and was able to view the pictures relating to the said contravention using the parking charge notice no specified in this letter from Debt Recovery plus Ltd. There they have 2 pictures of my car, the first being the front of my car presumably entering the car park photograph time of 12:46 and the second picture showing the back of my car presumably upon exiting the car park at 13:19. This would bring the total time spent at the car park 33mins. Parking in this car park is free up to the first 3 hours while they still ask users to display a ticket from the machine which is printed free of charge for display in car.

I can only assume that the offence which I am being accused of is not obtaining a free ticket and displaying on my windscreen from the machine or if that was done that the numberplate was incorrectly entered into the machine although I cannot be sure for certain or even remember the incident in question to be honest. I have used the car park on numerous occasions always obtaining a free ticket from the machine to display on my windscreen and believe I would have done the same in this instance (if I was in fact driving that is). I do not have the free machine parking ticket that would back this up however unfortunately tending to dispose of my machine parking tickets after a few weeks. As I cannot specifically recall the incident in question there would be no way of even ascertaining that I was even the driver of the car at the time of said contravention. On the 'Smart Parking Ltd website they specify that issue date was 10/5/17 and contravention date was 7/5/17. But received nothing from them at all, the first I know about anything is the letter I received yesterday from Debt Recovery Plus Ltd charging me £160.

Please help, how do I go about dealing with this? It's making me a little stressed and anxious. I honesty seriously doubt that Smart Parking Ltd even contacted me in the first place if they had as 3 days later as they claim on their website I would have better recollection of whether I was the driver or not and if so I did obtain a ticket or not and may even have still had the ticket as proof if I didn't fail to obtain one which I don't believe I did, considering I have used said car park many a time and not 'forgotten' to do this. Nevertheless not helped by the 6 week lapse of time I just cant be certain. I just feel that the actions of Smart Parking Ltd are hugely unethical considering the car park is free up to the first 3 hours anyway and their camera's have supported my car being in the car park for just over 30 mins. I would definitely need to ask them to provide evidence of proof of postage from Smart Parking Ltd. What this would also means is that the appeal window would have presumably lapsed now they have involved the DRP (their letter dated 15/6/17) now 6 weeks after the 7/05/17 contravention date.

Many thanks in advance guys and sorry for the essay hope all makes sense?

Redx · 20 June 2017 at 6:40PM

I would do 3 things

1) complain to the landholder and insist on a cancellation

2) I would send not so SMART the blue text appeal in the NEWBIES sticky thread

if posting it , I would get a free cert of posting from the P O Counter

3) I would complain to the BPA by email and copy in david dunford of the dvla , complaining that smart have failed to notify the RK of this charge. so the first you have heard about it (as keeper) is this DRP letter

and IGNORE drp, they are powerless

ps:- make sure that the vehicle is registered to you at the correct name and address, and check this was the case on the date of the alleged "offence"

Coupon-mad · 20 June 2017 at 6:44PM

Basically I received received a letter in the post quite unexpectedly yesterday 20/06/17 from Debt Recovery Plus Ltd-DRP (please let me know if you'd like me to attach on here) saying that they were writing to me because I had not paid their client 'Smart Parking Ltd) and the amount owing is £160 for a parking charge dated 07/05/17.

I find this very odd as I have definitely not received a letter of communication from 'Smart Parking Ltd' at all

We don't find it odd. Smart Parking do this a lot, straight to DRPlus stage.

Don't tell them who was driving, so please, please don't send that effort, it talks about you using the car park and it gives them far too much information. Do as Redx says, and read the NEWBIES thread, that's why it's at the top of the forum.

Redx · 20 June 2017 at 6:46PM

and in that case edit post #1 and remove any hint of who was driving

the words "me , myself and I" are banned

the correct words are

THE DRIVER

THE KEEPER

tell the story as if I was the driver

Fruitcake · 20 June 2017 at 7:26PM

Coupon-mad wrote: »

We don't find it odd. Smart Parking do this a lot, straight to DRPlus stage.

Don't tell them who was driving, so please, please don't send that effort, it talks about you using the car park and it gives them far too much information. Do as Redx says, and read the NEWBIES thread, that's why it's at the top of the forum.

I have started to compile a list of threads where no NTK has been received. It's slow going and so far I only have one other from Not so Smart, which is here.

http://forums.moneysavingexpert.com/showthread.php?p=72685246&posted=1#post72685246

However, every time I see a thread where this has happened I will update my list, and suggest the poster adds it to their complaint to the DVLA and BPA which is what this OP should do here.

If any of the regulars comes across a thread where no NTK has been received, please PM me with a link to the thread so I can add it to my list. Also PM me if you want a coy of the list. Alas it is only has three entries from two companies at the moment, (Not so Smart and Horizon,) but hopefully it will become a useful complaint tool at some point.

sunshine321_2 · 24 June 2017 at 3:23PM

Hi there thanks for your response, I today received another letter from DRP (so less than one week after the first DRP letter) saying that my time to appeal had expired. This presumably would have been within the 6 week period since the contravention date and DRP getting in touch where I have no communication from Smart Parking themselves like they are implying.

Is this the appeal that you advised that I send to Smart Parking? It was in the blue text of the Newbie thread? If so would it be okay the definitely exclude the text in red about the clarity of sign and written given that the car park has been used in the past without any issues surrounding the free ticket being obtained from the machine. Shall I also ask for proof of postage too of the PCN that was apparently sent to me 3 days after the contravention?

Secondly would you still advise that I write to Smart Parking given that they have the appeal window will have lapse (in the 6 period that they did not contact me). If they just come back to me saying that I have missed me time to appeal and that I need to just deal directly with DRP what would you advise is the next course of action to take?

Feel extremely even more anxious about this whole situation now and that Im being backed into a corner by DRP.

Many thanks in advance

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

sunshine321_2 · 24 June 2017 at 3:26PM

Hi Red X ,

Many thanks,

"ps:- make sure that the vehicle is registered to you at the correct name and address, and check this was the case on the date of the alleged "offence""

Yes this is so

Coupon-mad · 24 June 2017 at 3:30PM

Feel extremely even more anxious about this whole situation now and that Im being backed into a corner by DRP.

hahaha, sorry...please calm down.

DRPlus/Zenith letters mean nothing.

http://forums.moneysavingexpert.com/showthread.php?p=72743401#post72743401

http://forums.moneysavingexpert.com/showthread.php?p=72743317#post72743317

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

Do as Redx told you already, in THIS ORDER:

I would do 3 things

1) complain to the landholder and insist on a cancellation

2) I would send not so SMART the blue text appeal in the NEWBIES sticky thread

if posting it , I would get a free cert of posting from the P O Counter

3) I would complain to the BPA by email and copy in david dunford of the dvla , complaining that smart have failed to notify the RK of this charge. so the first you have heard about it (as keeper) is this DRP letter

and IGNORE drp, they are powerless

If they just come back to me saying that I have missed me time to appeal and that I need to just deal directly with DRP what would you advise is the next course of action to take?

Nothing!

Riverside Shopping Centre will have cancelled it when you've complained (YOUR FIRST STEP).

sunshine321_2 · 24 June 2017 at 3:51PM

Ok thank you I will prepare a letter to go in Monday's post

Fruitcake · 24 June 2017 at 5:06PM

sunshine321 wrote: »

Ok thank you I will prepare a letter to go in Monday's post

As advised, send it first class from a Post Office counter and get a free proof of posting. Do not use any other method of posting when sending stuff to a parking scammer.

Coupon-mad · 24 June 2017 at 7:27PM

Don't use the post for a PPC.

I think the OP means his complaint to the shopping centre - so much easier to do by email though.

PCN-Smart Parking Ltd -Letter never received

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