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  • FIRST POST
    • LanaDN
    • By LanaDN 11th Apr 19, 2:20 PM
    • 44Posts
    • 13Thanks
    LanaDN
    LBC Smart Parking LTD - HELP PLEASE
    • #1
    • 11th Apr 19, 2:20 PM
    LBC Smart Parking LTD - HELP PLEASE 11th Apr 19 at 2:20 PM
    So today I received a LBC from Gladstones Solicitors. Apparently they've sent letters to a previous address advising that they are instructed to commence legal action to recover 5 lots of 160 parking charges in B&M car park.

    The letter says pay or reply before 18th April, and that any reply after this date may not be considered and legal proceedings will likely have to be issued. Payment is to be made to the DRP.

    Any advice on how to deal with this?
    Last edited by LanaDN; 14-04-2019 at 2:18 PM.
Page 4
    • Coupon-mad
    • By Coupon-mad 11th May 19, 2:35 PM
    • 72,324 Posts
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    Coupon-mad
    Worried about potential CCJ action.
    You mean court action? Not the same thing.

    There is no CCJ risk, not even if you lose (because if you lost at a hearing you would pay within 30 days = no CCJ remains) as long as that old address was rectified so there's no danger of missing a claim form.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • LanaDN
    • By LanaDN 14th May 19, 12:31 PM
    • 44 Posts
    • 13 Thanks
    LanaDN
    Ok so they've responded to my SAR and I'm now in receipt of a huge bundle of papers detailing 'additional PCNs' - no mention of the original 5. And now they're asking for 100 per pcn (90 + 10 admin fee) whereas before they were asking for 160 per PCN.

    On the individual PCNs it says that they're at bailiff stage. I didn't think bailiffs could get involved in these situations? They've said they will extend the Pre Action Protocol period by 30 days giving me until 12th June and that any reply received outside of that period may not be considered as legal proceedings are likely to have been issued.

    Please can someone advise.
    Last edited by LanaDN; 14-05-2019 at 1:03 PM.
    • Coupon-mad
    • By Coupon-mad 14th May 19, 1:00 PM
    • 72,324 Posts
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    Coupon-mad
    on the individual PCN letters it says that they're at bailiff stage. I'm confused because I didn't think bailiffs got involved with this sort of thing? I thought I'd be going to court.
    The PCN letters can't say the cases are at bailiff stage, show us what you mean with a dropbox link to images, please.

    just checked and the evidence they've provided relates to 'additiional tickets' - the ones they were initially trying to recover have not been included.
    What do you mean, are you saying they have ONLY produced data from unrelated PCNs and not provided any data for the one(s) they were pursuing?

    You need to email them back and give them seven days to show ALL data relating to ALL PCNs if something is missing, and tell them you will be reporting their Data Protection Officer to the ICO is they fail to provide any data for PCNs they intend to recover.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • LanaDN
    • By LanaDN 14th May 19, 1:14 PM
    • 44 Posts
    • 13 Thanks
    LanaDN
    Yes they have only produced data for additional PCNs and not the others that they were pursuing in the first place.

    I don't have dropbox. Does this link work instead?[IMG][/IMG]
    • Coupon-mad
    • By Coupon-mad 14th May 19, 1:21 PM
    • 72,324 Posts
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    Coupon-mad
    I see what you mean - this is misleading and you can mention it although these are not 'individual PCN letters' (i.e. these are not the PCNs themselves).

    So have another go at them. They CANNOT withhold data about other PCNs.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • LanaDN
    • By LanaDN 14th May 19, 1:27 PM
    • 44 Posts
    • 13 Thanks
    LanaDN
    So are bailiffs actually involved? I'm panicking even more now because I thought it would go through the court rather than bailiff action.

    I've emailed them asking for the other data.

    This is what they put in their cover letter too:
    [IMG][/IMG]
    • LanaDN
    • By LanaDN 14th May 19, 1:59 PM
    • 44 Posts
    • 13 Thanks
    LanaDN
    The DPO has emailed back already saying that they believe they have sent out all of the data that relates to the outstanding PCNs in my details. They have asked me to confirm which PCN numbers I require data for so that they can look into it. Hmmm?
    • Coupon-mad
    • By Coupon-mad 14th May 19, 2:02 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    So are bailiffs actually involved?
    Good Lord no!

    Of course it would have to go through the county court first, and for you to lose, and for out THEN to refuse to pay within 30 days of judgment!

    Not going to happen.

    The DPO has emailed back already saying that they believe they have sent out all of the data that relates to the outstanding PCNs in my details. They have asked me to confirm which PCN numbers I require data for so that they can look into it. Hmmm?
    Originally posted by LanaDN
    Confirm the missing PCN numbers.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • LanaDN
    • By LanaDN 14th May 19, 2:41 PM
    • 44 Posts
    • 13 Thanks
    LanaDN
    Could it be possible that there has been a court hearing without me being aware? This all came about due to my V5 being registered at an old address so any court documents would have gone there too. My credit file says there are no CCJs though so I'm assuming it's OK at this stage.
    • Coupon-mad
    • By Coupon-mad 14th May 19, 2:45 PM
    • 72,324 Posts
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    Coupon-mad
    The SAR will show all, if you keep pressing.

    While emailing the DPO, also include a paragraph confirming your only address for service is (new address) and exercising your GDPR right to erasure of the old address from their data, and right to rectification (to new address).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • LanaDN
    • By LanaDN 14th May 19, 6:04 PM
    • 44 Posts
    • 13 Thanks
    LanaDN
    I've done the rectification notice so everything is OK on that front. What do I do now I have all the evidence? They've given me 30 days to pay/respond.
    • LanaDN
    • By LanaDN 14th May 19, 6:18 PM
    • 44 Posts
    • 13 Thanks
    LanaDN
    At the moment they're asking for the original charge of 90 plus 10 admin fee - so 100 per PCN and there's unfortunately quite a few. I don't understand how to argue against what they're asking for when the driver was in the wrong.
    • Coupon-mad
    • By Coupon-mad 15th May 19, 12:17 AM
    • 72,324 Posts
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    Coupon-mad
    Is this 10 admin fee described as being for the SAR? That's illegal, if so.

    I don't understand how to argue against what they're asking for when the driver was in the wrong.
    Yes you do, you were told and reminded a month ago by MistyZ:
    Coupon-mad just told you that Smart issue non-POFA PCNs. I didn't know that but it's great news which improves your chances of success at a stroke.
    The keeper cannot be held liable as Smart don't bother to use the only law for that!
    Last edited by Coupon-mad; 15-05-2019 at 12:22 AM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • LanaDN
    • By LanaDN 15th May 19, 7:40 PM
    • 44 Posts
    • 13 Thanks
    LanaDN
    Thanks Coupon, I understand the not being able to hold the keeper liable thing but (forgive me for sounding daft) - lying in court is surely a no no? Would that be my only defence? I'm defending multiple PCNs here so it's going to be tricky explaining all of them.

    Also, what is the next step? If I don't respond in the 30 days they've given me to respond to the pre-action protocol will the next step be the court document?
    • KeithP
    • By KeithP 15th May 19, 7:45 PM
    • 14,823 Posts
    • 17,080 Thanks
    KeithP
    If I don't respond in the 30 days they've given me to respond to the pre-action protocol will the next step be the court document?
    Originally posted by LanaDN
    It will .
    .
    • Coupon-mad
    • By Coupon-mad 15th May 19, 9:53 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    No-one has told you to lie in court.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • LanaDN
    • By LanaDN 16th May 19, 7:01 AM
    • 44 Posts
    • 13 Thanks
    LanaDN
    I know no one here has told me to do that but I hope you know what I mean without me saying too much.

    Sorry, I'm seriously panicking about this and I don't know what to do.
    • Coupon-mad
    • By Coupon-mad 16th May 19, 1:37 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    Smart Parking are nothing to panic about.

    They cannot hold you liable and the driver does not have to be named, and there is always a defence.

    Have you exhausted PLAN A, which is always to complain LOUDLY to the top banana at the retailer/landowner? Tried but gave up? Aim higher...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • MistyZ
    • By MistyZ 16th May 19, 5:25 PM
    • 578 Posts
    • 1,080 Thanks
    MistyZ
    Did you go higher up with your B&M complaint?

    The CEO Simon Arora's email is readily available on the internet:

    SimonArora@bmstores.co.uk

    If you haven't done so already, send him an email that outlines the facts but is also written from the heart. The Keeper writes it but they refer to what they ('we') did on the day, including what the driver did.

    Looks like the Keeper and driver were / are very regular customers of B&M. That needs to be stated clearly with timeframes and, if relevant, the approximate - or even exact if possible - amount of money spent over time.

    If there were mitigating circumstances that led to these PCNs then explain them. If signage etc. was a contributing factor, mention that. Explain why you knew nothing about the PCNs until the time for appealing was long gone.

    You have experienced very high levels of stress so far. Simon Arora needs to know about the detrimental impact the PCNs have had on your mental health in terms of extreme anxiety. If you have any kind of mental health diagnosis or take medication, mention that.

    If you wish, mention that you are determined to contest the PCNs in court but that this is a very big step for you and something that terrifies you.

    Give it to him straight. If you consider yourself someone who usually parks very carefully, mention that for good measure but 'strongly request' that he cancels these PCNs in order to end this nightmare for you.

    Right, I've painted a picture of what I assume to be your most difficult times to give you an idea of what I'd write. I've made quite a few assumptions and only you can paint the accurate picture. The fact that you're actually doing a great job of tackling this now does not need to be mentioned. I think you'll do well at the court stage but in all fairness the CEO needs to know how bad this has been and to take action to resolve this issue straight away.
    Last edited by MistyZ; 16-05-2019 at 5:28 PM.
    • LanaDN
    • By LanaDN 16th May 19, 6:42 PM
    • 44 Posts
    • 13 Thanks
    LanaDN
    Have you exhausted PLAN A, which is always to complain LOUDLY to the top banana at the retailer/landowner? Tried but gave up? Aim higher...
    Originally posted by Coupon-mad
    I've been into the store twice and actually cried (how embarrassing!) to the floor supervisor the second time as the manager refused to come down from the office to speak to me about it - there doesn't seem to be an email address for that particular store. She reiterated that they deal with this all the time and that because there are so many PCNs that the woman she deals with at Smart would refuse to write them off.
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