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Received Several Debt Recovery Letters Threatening Court Action
Jak Brown
post Tue, 19 Oct 2021 - 15:06
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Hi All. Apologies if this has been covered before, I'm new to this site and unsure on how to use it properly.

I received a PCN from Smart Parking some time ago, and immediately set out to appeal through Smart Parking website. The grounds I appealed on were that my engine light flashed on my dashboard, and as a new driver I was unsure how serious this could be and wanted to pull over ASAP to make a few phone calls and search for advice online. Because I was near Manchester Airport, there were very few places I could actually stop, with most areas being 'Red Bay Zones' or at least some signage telling drivers not to stop at any time. I seen a car park and parked inside, so I could proceed to find advice on whether it was safe keep driving. My failure to purchase a ticket for my 18 minute stop was simply an oversight- I genuinely completely forgot I needed to pay for parking, it just slipped my mind as I was more concerned with my car and getting home safely, and of course the length of time and me not actually 'parking' didn't trigger a realisation that I had to pay for my stay. In my appeal I offered to of course pay for the length of time I was there, or even pay a fair but more, but felt it was unfair to pay a whole £60 just because I stopped for 18 minutes to check my car and ensure it was safe to continue driving. After the appeal I didn't hear back from Smart Parking. I was not, at any point, informed that my appeal had been rejected. Fast forward some weeks, and I'm now receiving SEVERAL letters from Debt Recovery Plus ordering me to pay £170(!!) or be taken to court.

What are my options here? I was going to ring Smart Parking directly and explain that I didn't receive notice that my appeal had been rejected, and therefore was not aware that the £60 discount period had ended (as the discount period is on hold while the appeal process occurs), adding that I had always intended to pay the £60 IF the appeal was rejected. Some people have told me to simply ignore the letters, is this sound advice? The last thing I want to do is be summoned to court, but I've been told by several people that it most likely (almost definitely) won't come to that, is this true? Also, instead of going to Smart Parking is it worth contacting Debt Recovery Plus directly and having a word with them? Please advise on next steps because I'm new to all this, and really cannot afford to be paying £170.

Thanks in advance!
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post Tue, 19 Oct 2021 - 15:06
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Jlc
post Tue, 19 Oct 2021 - 16:47
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You never call them- they are not interested in anything but you paying.

How did you appeal? Sounds like the driver was revealed?

DRP can be ignored.
Smart are not that litigious but a claim is possible.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Jak Brown
post Tue, 19 Oct 2021 - 22:56
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Thanks for your response. I appealed through SmartParking website, they have an appeals form. And yes, unfortunately in doing so I admitted to being the driver.
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Dave65
post Wed, 20 Oct 2021 - 09:10
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Lesson learned not to reveal the driver ID.
I believe Smart PPN don`t meet PoFA.

They most certainly have added £60 for debt collectors which is to be challenged in any defence.

Don`t ignore these PPN.
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The Rookie
post Wed, 20 Oct 2021 - 09:56
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QUOTE (Jak Brown @ Tue, 19 Oct 2021 - 23:56) *
Thanks for your response. I appealed through SmartParking website,

They reply to those via the email address provided, for some reason rejections have a habit of going into spam folders and being lost, so that is most likely what happened to your rejection.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Jak Brown
post Thu, 21 Oct 2021 - 15:32
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QUOTE (Dave65 @ Wed, 20 Oct 2021 - 10:10) *
I believe Smart PPN don`t meet PoFA.


Don`t ignore these PPN.


Sorry to ask, can you please elaborate for me, I don't know what PPN is? And if I shouldn't ignore these, what do you suggest I do, as I've already missed deadline for initial £60-100 payment, and DRP are ordering me to now pay £170.
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Jlc
post Thu, 21 Oct 2021 - 15:35
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Private Parking Notice. (PCN is more usual)

Ignore DRP.

Wait and see if they issue a Letter Before Claim. They have 6 years to do this.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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