PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Smart Parking PCN, Help with a response please
Molly Park
post Tue, 14 May 2019 - 19:32
Post #1


New Member


Group: Members
Posts: 5
Joined: 14 May 2019
Member No.: 103,861



Dear all,
Thanks for providing so much useful information on these forums. I’m now wishing I’d found this site sooner, but I’m hoping all is not lost.

A parking charge notice has been revived as attached on 8th April. It wasn’t opened for quite a while because the name addressed in the window of the envelope only bears initials and a passing resemblance to my surname! As such I thought it spam. We get a lot (even electoral propaganda spelled incorrectly). It wasn’t opened for a few days and my normal route of recourse is to send them back unopened with ‘unknown at address’ on the front. After all, if it was a bank or bill they’d get the name right.

But I eventually opened it and looking at this ‘charge’ it looked really Mickey Mouse. No clear message as to what was alleged to have been contravened and and just an excessive bill. It felt like someone taking a chance. Therefore I ignored it.

About two weeks ago I returned another letter unopened that I now think was related to this one a small it bore the same hallmarks in the address box.

Fast forward to today and received another letter - this time initials are full first and middles names, but surname still spelt incorrect as before (only the first five letters of my long name). It’s from a debt recovery company saying I now owe them £160 and if I don’t pay they’ll tell Smart Parking.

I’ve not communicated with either company at all. Where should I start?

This post has been edited by Molly Park: Tue, 14 May 2019 - 19:33
Attached thumbnail(s)
Attached Image
 
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 9)
Advertisement
post Tue, 14 May 2019 - 19:32
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Tue, 14 May 2019 - 19:35
Post #2


Member


Group: Members
Posts: 31,159
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



Do you have the V5C for the vehicle?


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
Molly Park
post Tue, 14 May 2019 - 19:44
Post #3


New Member


Group: Members
Posts: 5
Joined: 14 May 2019
Member No.: 103,861



QUOTE (Jlc @ Tue, 14 May 2019 - 20:35) *
Do you have the V5C for the vehicle?


Yes
Go to the top of the page
 
+Quote Post
Jlc
post Tue, 14 May 2019 - 19:50
Post #4


Member


Group: Members
Posts: 31,159
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (Molly Park @ Tue, 14 May 2019 - 20:44) *
QUOTE (Jlc @ Tue, 14 May 2019 - 20:35) *
Do you have the V5C for the vehicle?


Yes

Then check it - there's a good chance it's spelt incorrectly on there.

DRP can be ignored - they can tell Smart whatever they like.

It's a shame you 'ignored' it as they are easy to beat. Now you're past the appeal window they'll just keep spamming you. However, still worth telling them that they have failed to comply with the Protection of Freedoms Act to hold the keeper liable - they'll either tell you it's past appeal time or contact DRP.

Unless they will accept an 'appeal' then ignore unless they decide to issue a letter before claim but they are not currently litigious.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
ostell
post Tue, 14 May 2019 - 20:36
Post #5


Member


Group: Members
Posts: 11,286
Joined: 8 Mar 2013
Member No.: 60,457



Is this Scotland
Go to the top of the page
 
+Quote Post
Molly Park
post Tue, 14 May 2019 - 20:40
Post #6


New Member


Group: Members
Posts: 5
Joined: 14 May 2019
Member No.: 103,861



QUOTE (Jlc @ Tue, 14 May 2019 - 20:50) *
QUOTE (Molly Park @ Tue, 14 May 2019 - 20:44) *
QUOTE (Jlc @ Tue, 14 May 2019 - 20:35) *
Do you have the V5C for the vehicle?


Yes

Then check it - there's a good chance it's spelt incorrectly on there.

DRP can be ignored - they can tell Smart whatever they like.

It's a shame you 'ignored' it as they are easy to beat. Now you're past the appeal window they'll just keep spamming you. However, still worth telling them that they have failed to comply with the Protection of Freedoms Act to hold the keeper liable - they'll either tell you it's past appeal time or contact DRP.

Unless they will accept an 'appeal' then ignore unless they decide to issue a letter before claim but they are not currently litigious.


Ok thanks.

Checked the V5C and all three names, of which all are reasonably long, are spelt perfectly correctly. Not sure how they managed to cut the surname short to make it look spammy.

Question is now, do I sign off with proper name on the letter I send them?

QUOTE (ostell @ Tue, 14 May 2019 - 21:36) *
Is this Scotland


England
Go to the top of the page
 
+Quote Post
Molly Park
post Wed, 15 May 2019 - 08:40
Post #7


New Member


Group: Members
Posts: 5
Joined: 14 May 2019
Member No.: 103,861



Could someone confirm that this reply will be suitable?:

Dear Smart Parking,

I have just received your Parking Charge Notice *** for vehicle *******.

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or from any debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours

The keeper
Go to the top of the page
 
+Quote Post
ostell
post Wed, 15 May 2019 - 08:55
Post #8


Member


Group: Members
Posts: 11,286
Joined: 8 Mar 2013
Member No.: 60,457



Yes, that should be fine to get the process started. I hope, as you went through the PCN, that you noticed all the other POFA failures that were there. These will all be used in your POPLA appeal if Smart reject your appeal.
Go to the top of the page
 
+Quote Post
Molly Park
post Sat, 25 May 2019 - 14:32
Post #9


New Member


Group: Members
Posts: 5
Joined: 14 May 2019
Member No.: 103,861



Letter received today,

Dear ‘incorrectly spelled name’,

Thanks you for your communication, blah blah.

We have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.’

Blah, blah.

Smart Parking


Perfect outcome. Thank you to those who offered assistance and to the forum for its valued place on the internet.
Go to the top of the page
 
+Quote Post
HappyHarry
post Sat, 25 May 2019 - 15:34
Post #10


Member


Group: Members
Posts: 157
Joined: 14 Dec 2018
From: Sussex
Member No.: 101,446



Yay! Well done Molly. Thank you for letting us know your perfect outcome.


--------------------
“Nobody leaves their house because they want to go and do some parking; parking is simply a means to an end, and it should be as easy as possible.” Rishi Sunak, MP
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Monday, 19th August 2019 - 19:35
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.