Hi All,

Just want to say, a big thank you to all contributors on this thread for Parking Related Matters. It sure does help to keep the PCN Crooks in Check when more people learn to stand and fight back by such sites and threads like this one.

The Summary of this Case is for a PCN that was:

1. Wrongly Issued.

2. Appealing 28 days Late and out of time.

3. Case now with Debt Recovery Company who are Chasing.

4. Smart Parking Crooks not Interested with my Late Appeal.

Full details are below and sorry for the length of this in advance.

I have two addresses, about two minutes apart from each other. One is where my Car is registered while I live in the other one.

There is a tenant in the first address but I do check my mails from time to time at the Tenanted Property. Somehow, I did not receive any PCN notice at the Tenanted Address. Why, I really do not know. So when I got a letter from the Debt Company at my Second address as they used a tracing service to find my second address, this was a surprise to me, and also I was out of time by now. I fired off an appeal letter to Smart Parking. Also note that the PCN itself was issued Wrongly Smart Parking are aware of the error, as we all know, they are all Crooks anyway.

PCN Details are:

Contravention Date 08/10/2016

Contravention Time 13:41

Issue Date 12/10/2016

Make Unknown

Colour Unknown

Was seen in RIVERSIDE SHOPPING CENTRE ERITH

Contravention Insufficient Paid Time

Crook Running the Parking Scheme is:

Smart Parking Ltd ( Appeals Team)

Unit 43, Elmdon Trading Estate

Bickenhill Lane

Birmingham

B37 7HE

This was my Appeal Letter:

Parking Charge Notice Number: TC0000000

Dear Sir or Madam,

RE: REQUEST FOR PCN CANCELLATION FOR ILLEGALITY AND FRAUD.

I am having to write you due to a debt recovery Letter sent to me from a Debt Recovery Company Called DRP dated the 21st of November.

I am amazed and surprised as to when this Supposed Parking Contravention Happened in Erith as stated in the Letter sent to me by DRP Debt Collectors.

I do not recall getting any letter from you in the first instance and do not recall the precise details of why this contravention occurred in the first place. I do have use of your Erith Car Park and on some occasion have had to enter the car park on the same day on more than two occasions. To that effect, your Parking Rouge Camera could have identified my Car as parked continuously for the period identified which you must be able to ascertain from your records as not the case.

But since extortion is part of your mode of Operation, you will be happy to Issue a PCN on falsehood. If your Stationed Cameras did not capture this, then, I suggest you change those Cameras and try using a different model Camera or retrain your CCTV Operators

I am therefore, contesting it. I am also, demanding all the information on which this Contravention was based on to be supplied to me. The time and, the date and the specific Spot the car was Parked on in the Car Park as this is what my appeal is based on.

I also need to see the Date the PCN was issued and Proof of Postage to my address as above.

My Alternate Address is 0 Blah Close, Kent, DA00 000. I have use of both addresses as both houses belong to me. Can you kindly send all your responses to both addresses as I see no justifiable reason why you are trying erroneously extract £160 from me!!

I have no intention of paying this charge as the PCN has been illegally issued.

I look forward to getting speedy response from you on this matter.

Very Many Thanks

Name Inserted.

************************************************** *****

This was their response to my Appeal below:

Dear Sir/Madam,

Thank you for your recent communication.

As per the British Parking Association code of practice (paragraph 22.7), all appeals must be submitted to us within 28 days of the initial Parking Charge Notice (PCN) being issued. Due to the length of time your PCN has been open, we have now referred this to a debt recovery company (Debt Recovery Plus) who are handling the matter on our behalf.

Please contact them directly if you wish to discuss this further.

Debt Recovery Plus: 0208 234 6775 or 0141 301 2355

Kind Regards,

Smart Parking Ltd

Telephone: 08452303081

Email: [email protected]

Website: http://www.smartparking.com

Email Footer Oct16

***********************************************

what is the best way forward for me, any advice will be mostly appreciated. As the Debt Recovery will not be interested as Instructions have been given to them by their Client I guess to recover the debt.

The Issue am faced with is that am out of the Appeal Time for the reason stated above.

I am really annoyed as the PCN itself was wrongly issued and need to stop this case before I get Clamped and the cost Spirals way out of Control

Thanks all in advance!!

Thread moved to the private parking forum. I've left you a link to follow from the local authorities one.

HB

It is a waste of ink fr several reasons, the most important being the matter is now with DR+ who are just the parking industry's rentamouths and have no interest or carry no clout whatsoever.

Writing to Smart is equally pointless, all you will do is show them that you are lacking knowledge in this field and unfortunately you choice of wording used reinforced that belief they hold that you may well now pay up.

I wish you had read the threads in this forum first as you would have then realised that your appeal has now identified you as both keeper and driver so any protection the POFA gave you from them has been thrown away. As for writing to your other address, if the car is registered there then they have the correct address and will use that until you tell them otherwise in a legal document.

Your best course of action is to do nothing and say nothing to them until you have taken advice based on what their claim is actually for. To know this we need information about the event date, time place and what the alleged breach of contract or contracual obligation is. We gather it is ANPR capture so seeing the orginal NTK would be very useful.

Apart from your email rant, what other communication have you had with them and when? explain the DR+ involvement and how this differs fro the Smart parking ones because if they are writing to another address and they havent been told by someone at address 1 to serve their documents on address 2 they are probably breaching the DPA by misusing your personal data

I wish you had read the threads in this forum first...

yep, that email doesnt look like it was a good move. ... from the heading on.