Smart Parking charge [parked overnight ]

[Nibiru]

Received a parking charge notice through the post on 04/09/14 from 'smart parking'

For parking in an Asda car park overnight. (slept in car)

 

The charge was £40 within 14 days, or £70.

If not settled within 28 days, an admin charge of £10 will be applied (so it says)

 

"failure to respond to this notice may lead to civil legal action being taken to recover the parking charge notice charge (sic)

together with any judicial expenses that may be incurred"

 

It's been more than 28 days, and I've done nothing.

I haven't received any more correspondence from them either.

What would the best course of action be at this point?

[renegadeimp]

Keep ignoring until you get something. Can easily use GPEOL to get rid of them. But first, make them work for it and make them pay out as much cash as possible.

[ericsbrother]

What were the dates that you stopped overnight? The timing of the NTK is critical to whether you have to appeal or just tell them to foxtrot oscar.

[f16]

Was this a "windscreen ticket" (NTD). .......

OR

A "number plate capture" (ANPR) ??????

What date was the "offence" ?

Have you received the NTK ???? If so what date did it arrive ?????

[dw190]

Was this a "windscreen ticket" (NTD). .......

OR

A "number plate capture" (ANPR) ??????

What date was the "offence" ?

Have you received the NTK ???? If so what date did it arrive ?????

 

Have you read the first post?

 

Received a parking chargeicon notice through the post on 04/09/14 from 'smart parking'

For parking in an Asda car park overnight. (slept in car)

[Billy's mate]

Have you read the first post?

 

 

 

Doesn't look like he / she is anxious to get this settled !

[f16]

Have you read the first post?

 

Yeah I read it !!!

 

Just trying to establish NTD or NTK. Dates and times.

I don't think it's clear.

The same as post #3.

 

If you've got the "Crystal Ball" then lets "share" the next winning lottery numbers.

[Nibiru]

Had a new letter now, they've raised the charge to £70 and if I don't pay that in 14 days then it gets passed on to a debt recovery agent?

 

Trouble is, it's already been more than 14 days since the date on this letter, must've received it late.

 

To people asking if it was a notice to keeper, the first letter I got was just a "parking charge notice", it had picked up the cars plates

The letter that I have now dated just over 2 weeks ago is a "Notice to Owner"

 

What should I do?

Is it too late to appeal using that popla thing?

 

And why are the dates important? (I'm just a bit wary of shills on here, I bet they lurk...)

[Nibiru]

Bit more detail:

 

Dated just over 2 weeks ago;

 

"Dear Mr (my name)

 

The parking charge notice issued and detailed above remains outstanding, Smart Parking LTD have the right to seek payment of the parking charge for unauthorised parking of the vehicle on the land on the relevant date as owner of the land, on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner.

Smart Parking LTD are able to request registered keeper details from the DVLA, under the reasonable criteria of recovery of private parking charges.

DVLA have confirmed that you are the registered keeper of the vehicle.

Payment methods are detailed on the right and overleaf.

 

Failure to make payment within 14 days will result in you incurring an additional administration fee of £10.

The total amount outstanding will then be passed onto a debt recovery agent for collection.

This may result in a summons or writ being raised for recovery of the outstanding parking charge notice and any further costs incurred.

 

To stop this possibility you should contact us before xx/10/2014. (NOTE from OP, date has passed)

If you were not the driver of the vehicle and wish to provide the driver details, lodge a dispute, appeal or query this must be made online or in writing.

Please follow the instructions overleaf.

Adjudications will not be given over the telephone."

[DragonFly1967]

OK, best course of action now that you've received the NTK is to appeal as the keeper. Don't name the driver! You can do so in email as their letter suggests.

 

 

Word your appeal/challenge along the lines of:

 

"Dear Smart Parking.

 

I hereby challenge the Parking Notice (number: xxxxxxxxx) that you have sent to me as the keeper of the vehicle on the grounds that the driver informs me that the signage wasn't clear.

 

If you reject this challenge, please issue me with a valid POPLA code forthwith."

 

 

 

Leave it at that. They'll reject it no matter what you write 99% of the time, so it's really not worth putting in the effort with these fools.

 

Once they give you that POPLA code, which costs them (not you) £27, then you submit a full appeal to POPLA which we'll help you with when the time comes.

 

 

The dates are important because the PPC's have strict time limits in which to carry out certain actions, and if they don't, then they can't enforce keeper liability under the POFA 2012 and as you have no legal obligation to name the driver, that leaves them rather up the creek without a paddle, or a canoe.

[Nibiru]

Thanks,

 

But as I said, it's been just over 2 weeks since they sent me that notice to keeper, at which point they (presumably) have already passed it on to debt recovery agents.

 

So is it not too late to send them an appeal asking for popla code?

[DragonFly1967]

Thanks,

 

But as I said, it's been just over 2 weeks since they sent me that notice to keeper, at which point they (presumably) have already passed it on to debt recovery agents.

 

So is it not too late to send them an appeal asking for popla code?

 

Nope, it's not too late.

 

There a various stages that have to be gone through before they'll pass it to their pet Debt collector.

 

As this is an ANPR job:

 

From the day after the parking event, they have 14 days to send you (and for you to receive) an initial Parking Charge Notice or NTK.

Then they have to wait 14 days before they send you a reminder.

Then, if they still hear nothing from you for 14 days, they can send you a final reminder.

 

If you've ignored everything up til now, then it gets passed to the pet DRC.

 

You'll get your first letter from the debt recovery company, if you ignore that, you'll get a second (with some scary red ink on it), if you ignore that you'll get a 3rd letter, with lots more red ink and probably some capital letters. And then finally, if you've absolutely ignored everything, you *might* get a Letter Before Action, and then County Court papers. But your a long way from that as yet

[ericsbrother]

you still havent given us the date you stayed in the car park so we dont know if they are timed out to do anything at all. Tell us everything with dates and times to make it very clear so we can help you better.

[Nibiru]

The date of the parking charge notice which I received through the post was the 04/09/14 as I posted in the first post.

The alleged contravention occured the preceding wednesday.

 

 

I was never sent a 'final reminder'

 

It went; Parking charge notice through the post ----> Reminder through the post -----> and now I've had my first letter from a debt recovery company today demanding a ridiculous £120.

 

Is the fact that they haven't sent a final reminder before sending this to the debt recovery guys grounds enough to shut them down?

 

Should I now contact them for a popla code?

 

Thanks, this is doing my head right in, I was waiting for that final notice before I applied for the popla, but it never came :/

[armadillo71]

Nibiru - You seem to have no concept of time...

 

 

You also ask for advice but do not act on it. Post #10 told you how to respond to your situation and would have seen the charge cancelled eventually.

 

 

Your first thread about this parking charge notice shows what you were going to do I suppose;

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?432416-What-happened-to-ignore-(smart-parking-charge-notice)&p=4608370#post4608370

[Nibiru]

I was also told in post 12 that they have to send a final reminder, which I was never given...

[Nibiru]

So is it too late to get the popla code once they've got these debt collectors after you?

[renegadeimp]

If DCA's are contacting you, tell them that no debt exists and if they do not stop contacting you, you WILL be complaining to the FCA.

[Nibiru]

Ok I've got a second letter from the DCA,

"If you don't pay by xx/12/14 we will pass the file to the creditors solicitor who will commence court action against you. You will be charged solicitors fees and court fees, £75 on top of the parking charge" (which is 120 right now)

 

Can anyone help me please, I cannot afford to pay these bastards 120 quid just for parking in a car park.

 

I was waiting for the "final notice" but these guys went straight to the debt collectors, what can I do, ask for the popla code? or is that too late, how do I get them off my back?

[renegadeimp]

IGNORE them. Thats a silly tactic every DCA uses to get you to pay. Even if the silly muppets did try and get solicitors involved, as before, they are very easily pushed away using a variety of appeals to a court.

 

It's very doubtful it will come to that though. You could Just send them a one line letter stating that no debt exists, and any further communication by them or any company associated will be regarded as harassment.

 

But if i were you, i'd still ignore.