Smart/CST PAPLOC ANPR PCN - B&M Morley, Leeds - but i paid!!

[dx100uk]

and make a note that the powers that be are just about to change the mistyped reg from being a reason to issue a speculative invoice

 

Government CoP Proposals Out Today - Private Land Parking Enforcement - Consumer Action Group

[brassnecked]

Yes with FTMs revision that hits the point it shows them that it could be an expensive phishing expedition for them if they tried it on.

[FTMDave]

Did you send the letter this morning?  And did you enclose a copy of the ticket you paid for?

[ScarySquirrell]

@FTMDave yes, I did I got proof of postage, and I sent the letter first class. The letter that you corrected for me plus a sentence to tell them I was attaching the ticket. I was thinking about SmartParking: should I post a copy of that letter, or should I use the appeal process online through their website? As you said, they might drop it when I send them the ticket... 

 

Many, many thanks! 

[FTMDave]

The reason I asked was that I too was extremely tempted to suggest enclosing a copy for the ticket yesterday.  After all, that should end matters.  Any company with a shred of decency or professionalism, knowing they were in the wrong, would back down.  Er, hang on though, Smart have no decency or professionalism.  Still, any company with a brain cell wouldn't pursue court action when they knew they didn't have a legal case, even for selfish reasons.  But again, Smart aren't interested in the law, they're interested in bullying motorists and abusing the legal system as a tool for bullying.

 

So I was a bit unsure about letting them know about proof of payment, as the site usually advises against playing your cards too early.

 

It will be very interesting to see their reaction, both obviously regarding your own case but also for future motorists in the same position.

 

As for Smart, no, just send them a copy of the letter plus the copy of your paid-for ticket.  They wouldn't allow you to appeal this late anyway, but even if they did, part of the site strategy is to show contempt for their procedures which are after all part of a kangaroo court which always decides against the motorist.  Do it by snail mail, don't give the fleecers access to your e-mail.   

[ScarySquirrell]

I will do @FTMDavelike that then: second class post with POF it is! 
 

Thank you very much for sharing your wisdom, much appreciated. 

[brassnecked]

Do NOT engage in any appeal process with them, that undermines the snotty letter.

[ScarySquirrell]

I showed the letter to my friend and she said to me that if they go to court and the judge gets it, he will be displeased with me... That’s making me nervous now. 
 

I guess I will have to take it in the chin if that goes that way... 

 

Has that happened before? 

[brassnecked]

Your friend is clueless, Judges do have a sense of humour, and the letter which Notso Smart ignored would have to be part of their bundle to court, with a robust rebuttal as to why it was inapplicable, and why it didn't rubbish their case. Once read by a judge it is often enough to convince them the PPC case is pants and they knew that but still decided to try it on, so it throws the rest of the stuff they sbmit into doubt.

[FTMDave]

I agree with Brassnecked and I disagree with your friend.

 

Not only do judges have a sense of humour, but unlike the tripe that Smart & CST send out, your letter refers to proper legal concepts which destroy Smart's claim

   - "de minimis", you paid, Smart suffered no loss

   - Smart's artificially inflating the claim, with reference to a recent judgement in Lewes.

 

A judge would be a hell of lot more annoyed with Smart abusing the court process by issuing a claim in these circumstances that he/she would with a bit of sarcasm in a letter.

 

We had a case a few days ago where the PPC's bundle contained a snotty letter starting with "Dear Simple Simon" (Simon Renshaw-Smith, owner of Excel & VCS) and the judge didn't even mention it.

[ScarySquirrell]

Dear Simple Simon sounds like an EB snotty letter  

 

It’s all just very stressful... they do take advantage and I am not a confrontational person... but I hate paying for something that it’s not right. 
 

You are all a good bunch! As soon as this is sorted: a round on me
 

Cheers guys!