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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

gmoney71

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  1. gmoney71
    It’s just that I thought you always had to reply in legal terms, fight them with their own language. Not had any experience in this before. Happy to be forceful and show I’m not a pushover but wasn’t planning to antagonise them. Has anyone had any experience when you do respond forcibly like EB?
  2. gmoney71
    Thanks for the replies. It’s encouraging to know that I can push back, although I still want to remain professional. I will dispute we owe any monies to them and will question the lba statement.
  3. gmoney71
    Last page does say “Please note that this letter is to be considered a letter before claim for the purpose of the Pre-Action Protocol for Debt Claims. Please read this Pre-Action Protocol and the Practice Direction on Pre-Action Conduct which outlines the Court’s powers to impose sanctions for failing to comply with its provisions. Out client does not consider that this matter is suitable for Alternative Dispute Resolution. File attached of letter. Smart Parking SCS Letter 31-10-2017.pdf
  4. gmoney71
    Re: Debt owed to Smart Parking Ltd
  5. gmoney71
    Hi again. After months of nothing, we've had another letter, this time from SCS Law saying "We act for Smart Parking and are instructed to recover the charges shown below incurred by you in relation to the parking of your vehicle." Total Outstanding: £170. Includes another reference to the Beavis case. "Unless a response to this letter is received within 30 days, we are instructed to issue court proceedings to recover the above sum and any of our client's legals costs, without further recourse to you." They then include a form in which to reply where you can agree I owed the debt, agree I owe some of it, say I didn't know whether I owe it, or that I dispute the debt. I can also call Debt Recovery Plus Ltd to pay it off. What would be your advice? If I don't reply within 30 days will I get a court order? Or should I reply and just say I dispute the debt? Many thanks for your continued help.
  6. gmoney71
    Thanks folks. I won't take any further action and see what happens next.
  7. gmoney71
    No, I didn't record the call. I purposefully didn't say anything about the debt itself or the payment. I assume my credit file has the correct address - although I've never seen it. I have read various parking forums but didn't get into debt collection as this was the first time they got involved. I wanted to contact them to ensure I got any letters and to not get my tenant involved. My car was registered at the correct (my current home) address as the time of the incident, not the one they subsequently wrote to. They have sent another letter today asking for £155, extending the deadline for another 2 weeks and saying if I don't pay they'll recommend to their client that they take court action against me. As you say, looks like they have no power and are just hoping they'll scare me into paying.
  8. gmoney71
    Hi again. So an update... After losing the POPLA appeal, we didn't hear anything. However, I have recently been forwarded a letter by the DRP (Debt Recovery Plus) "who were working on behalf of the creditor" that was sent to an address of a house I used to live in and still own but one I rent out. It said that as there was no response at my current address that they used a tracking service and found that my rental address was my my most current address (which obviously it isn't). Anyway, they said I had 2 weeks to pay the £155 charge otherwise "full recovery action will take place and additional costs may be incurred." I contacted them to change the address back to me current one (so I got all correspondence and my tenant isn't troubled) but I didn't say anything regarding payment. So... Do I just sit tight and not pay and wait to see if Smart Parking start court proceedings? Thanks in advance for any advice/experiences.
  9. gmoney71
    Thanks both for your replies and guidance - that certainly makes me feel better. No news from them yet and I certainly won't do anything for the moment. If I hear back I'll post here. Cheers.
  10. gmoney71
    Hi, I have had a POPLA PCN Smart Parking appeal rejected and would like any advice on what may happen now. Details My wife was driving my car, parked at Matalan and paid £1 for the correct amount of time. No overstay. Only thing was she put in the car reg of her own car, not mine. When she realised this she tried to contact them to get it changed, but she couldn't get through on the day and on the Monday she was told she'd have to appeal the PCN. (Yes, she should have bought another ticket at the time but it didn't cross her mind and thought it would be an easy thing to rectify.) Appeal We appealed, they said no sorry, it was your responsibility to put in car reg. We went to POPLA, but they rejected appeal with the same conclusion. Question Now what? Will Smart Parking ask for the money again? Does anyone know how likely Smart Parking will take me to court if we don't pay? If they notify me of a court case can I pay at that time if I don't want further hassle? If I go to court and lose, would this be a CCJ against me? Thanks in advance.

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