zenith collections for smart parking charge

[Geddy1961]

Hello.

 

today i received a letter from zenith collections saying they want me to pay £160.00 for an unauthrorised parking charge.

the address this was sent to is my old address not where i am living now as me and my wife separated in June 2017.

 

i think the other letters from smart parking have also gone there, which ive never seen or been aware of.

 

they are asking me to pay the £160.00 by 17/12/2018 or theyll start court proceedings

and ill have to pay solicitors fees court fees etc.

 

i parked by a local health centre not knowing it was smart parking for the health centre as itss not inside actual car park

 

reason i parked there was my blood sugar was low as i am diabetic and it was the nearest place i could stop to go get something sweet

as i did not have anything with me in the car.

 

i would like anyones advice on what is the best thing for me to do ?

 

thank you for reading

 

Geddy1961

Edited December 8, 2018 by Geddy1961
mispelling

[dx100uk]

Moved to the private parking forum

 

Please complete this

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(4-Viewing)-nbsp

[Geddy1961]

Thank you, after reading about the PCN i never receuved any of the letters from "smart parking" as id not lived at the address since June 2017.

 

The date of the parking was 09/08/2018.

The first thing i knew about this was when i was given this letter by my son, the letter from Zenith Collections.

 

should i ring smart parking and ask them about it ? and tell them what happened ?

Edited December 8, 2018 by dx100uk
spacing

[FTMDave]

Debt collecting agencies have no power whatsoever, as it's not their debt, so ignore their threats. It's positive for you that Smart are doing nothing except getting Zenith to send out these silly & pointless letters.

 

However there is the danger that in the future Smart could start real court action and you'd lose by default as you would never get the paperwork, so it would be a good to send them a short letter (normal post but get proof of posting) denying the debt but giving them your new address.

 

Have you given the DVLA your new address? If not you risk a grand's fine.

[Gick]

This would imply that you have not updated your address as Registered Keeper at DVLA. This does mean that you have committed an offence in not notifying a change of address, however the saving grace is that the legislation requires the notification to be made forthwith making it not a continuing offence, so the statute of limitations means that after 6 months of it ceasing to be your permanent address they cannot pursue you, unless they can prove that you moved subsequently (the 6 months clock then starts again).

 

You should however update DVLA now, also your driving licence will need updating/renewing if not yet done .

 

Am I right in believing that it was you only, left the marital home and your wife and family still live there? If this was an acrimonious split it could be that your wife deliberately witheld any earlier letters. Do not telephone or email any PPC. As you have not received the Notice to Keeper the best thing is to write to (not so) Smart Parking as the registered keeper notifying them of your current address, getting free proof of posting at your local Post Office. The reason for not telephoning or emailing is that doing so gives them a free means of harrassing you and last minute service of papers should it get so a court claim.

 

If you can, ask your son or (if relations are now better with your ex), your wife to pass any further letters on to you so that you do not miss a County Court claim and subsequent judgement by default. If it gets as far as a court claim you will be able to get copies of the NTK, which if you post a redacted copy here can be examined by the experts and the necessary action advised.

[Gick]

Sorry, need to correct my previous post, mixing two sections of the legislation.

 

however the saving grace is that the legislation requires the notification to be made forthwith making it not a continuing offence, so the statute of limitationsicon means that after 6 months of it ceasing to be your permanent address they cannot pursue you, unless they can prove that you moved subsequently (the 6 months clock then starts again). is for the notification of change of ownership.

 

If you were pursued by DVLA your mitigation would be that you did not have a permanent address (if that was so) and you still had connection with the registered address through your family. Sorry again for confusion.

[Geddy1961]

Thanks for the advice guys.

 

ill get in touch with DVLA and get address changed. ill phone smart parking and explain,so tell smart parking letters went to old address as ive not changed address on licence yet ?

 

things are better now between me and my wife,so should get any letters that get sent there

[Gick]

Please don't phone. You need a paper trail in case they try for a judgement in default by deliberately sending letters to your old address. Not so Smart Parking will not be interested in your explanation, they make no money by accepting appeals!

[Geddy1961]

ok thanks Gick.

 

so find their address and send them a letter explaining whats happened ?

 

with the reference number for the parking charge and date of the unauthroised parking ?

and tell them my new address ?

 

or email ?

Edited December 8, 2018 by dx100uk
spacing

[Gick]

Quoting the reference number, just tell them that it has been brought to your attention that they have been writing to you as registered keeper at an incorrect address as you have moved. Tell them that all correspondence should be sent to .......

 

Their address is:-

 

Smart Parking Limited

Unit 43, Elmdon Trading Estate

Bickenhill Lane

Birmingham

B37 7HE

 

Do not go into details as you could quickly identify yourself as the driver and thus remove one of the hurdles that PPCs need to climb to successfully pursue you. As I posted above, they are not interested in reason, as being reasonable does not make them any money.

 

Their response is likely to be that now that it has been passed to Zenith collections you should deal with them. However, unless they have assigned the 'debt' to Zenith which is not likely - they are just acting as Debt Collectors - only Smart Parking Ltd or their tame solicitors can take/institute action.

[Geddy1961]

Thank you. i will do this ASAP

[dx100uk]

do NOT use email.

 

just simply make ref to your new address and their ref number

NOTHING else.

 

did you update your driving licence too?

[ericsbrother]

zenith just write letters but you do need to let Smart know that you ave moved and any further waste of a tree should be sent to ....... Tell them to inform their rentathreat, Zenith (may as well use that term so they know you arent scared of them) to do likewise or there will be a prima facie case for suing Smart for not doing this.

no need to mention the event or write about the supposed debt.