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Smart ANPR PCN - Faulty Machine - Bell Centre Melton MowbrayParking Ltd


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This morning I received a letter from DR+ demanding £170. The date of parking charge was 23/10/20. The letter says they have 'traced' me to this address because letters sent by Smart to the address the DVLA hold for me, were not answered.

 

At this point I should point out I moved from Surrey to Leicestershire in 2018 and I registered a change of address with the DVLA. My driving licence is this address and though I have been unable to find it today, I am pretty sure I would have changed my address on my V5.

 

Now, I can confirm I was at the car park when they said and yes, no payment was made because despite trying several times, the one and only machine said "Cancelled. Printing error". I know because I photographed it, just in case.

 

I gather I ignore this demand but I have never had a parking problem so I would be very grateful if you could advise me of my next move please.

 

 

DR+ demand + Machine pic.pdf

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please complete this

Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group

and post up all letters in/out bothsides to one multipage PDF

 

read our upload guide carefully

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i Still use the spreadsheet s dear girl..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well done on taking the photo - fantastic work!

 

That will be curtains for the fleecers.

 

Don't worry about DR+, they have no power to do anything.

 

I'm just concerned about Smart potentially having the wrong address, and that later down the line they could issue a court claim and win by default, as you'd know nowt about it.  How about writing a simple two-line letter to Smart quoting their silly invoice number and informing them of your new address?

 

 

We could do with some help from you.

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  • dx100uk changed the title to Smart ANPR PCN - Faulty Machine - Bell Centre Melton MowbrayParking Ltd
6 hours ago, LestahLass said:

I am pretty sure I would have changed my address on my V5.

 

 

better get up on DVLA site and check then. 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Sorry both for lack of response by me. Bad week as anniversary of Mum's death. I will upload all files tomorrow. Also had a second letter from DR+ yesterday.

Thanks both for your replies 

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1 Date of the infringement

23/10/2019
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

No idea on original but Debt Recovery Plus states their notice is 07/01/2021
 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received

11/01/2021
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Back of letter mentions it.
 

5 Is there any photographic evidence of the event?

Photographic evidence I went in and out of the car park, also I have evidence the payment machine was not working.
 

6 Have you appealed? [Y/N?] post up your appeal]

No as didn't know I had it.
 

Have you had a response? [Y/N?] post it up

n/a
 

7 Who is the parking company?

Smart Parking Ltd

 

8. Where exactly [carpark name and town]

Bell Centre Melton Mowbray
 

For either option, does it say which appeals body they operate under.

Not been given the option
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

Second letter demanding payment by 29/01/2021

 

 

Parking.pdf

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Send Smart a two-line letter informing them of your new address.  It will save you from the threat of a backdoor CCJ later on.

 

As for DR+, just laugh at their standard letters.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 5 months later...

Topic opened please post your update here.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Thanks Andy.

 

I have probably messed up. I had a bad bereavement at the beginning of June and got a Letter before Action from Smarts debt collectors. I decided to appeal to Smart with the photographic evidence above.

 

Of course they rejected it. Told me I was parked for 24 minutes and I could appeal to Popla or the Ombudsman but they don't take part with the ombudsman. So I went to Popla gave my evidence and now the evidence from Smart has returned.

 

One point they say is that a payment was made for the reg but it's not my car. And it couldn't be me as the car stayed for 65 minutes.

 

The next piece of evidence is a long list of car's regs showing the time they entered, how much paid, how long the car has paid for and on first impression shows the time the car is due to leave, e.g. arrives 10.24am, paid 1hr, must leave by 11.24am. However, a couple of them show 2hrs are paid and the time left is 1hr. And every single one is either exactly 1hr or 2hrs to the minute. So I can only assume this alleged document showing all the cars parked on the day is fabricated to appear to show tickets purchased.

 

Also they say "as you can see *my reg* has registered a payment but the full reg does not belong to the Appealant". I will get the exact wording later but it makes zero sense and a judge would rip it apart. 

 

Any advice please.

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a DCA cant send a letter of claim.

 

only the PPC or a sols on their behalf.

 

so you should simply have ignored them. until a PAPLOC comes.

 

hasn't hurt you other than you've probably ID'd yourself as the driver in your appeals so have lost protection under POFA 2012.

 

its worthy to note as said before not-so-smart always make mistakes and as far as i can remember dont do court either...so...

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx and thanks. 

 

I feel a bit stupid and was caught at a low ebb. I gather Popla will just award in their favour?

 

I have 7 days to reply as the Smart evidence arrived today. I have stated I dispute the alleged debt and the pcn is not a fair representation of lost revenue. Still no reason why I got that message on the machine. If I had done something wrong, which I didn't, surely they would have an explanation as to why that Cancelled Printing Failed message would appear?

 

Also, why are they trying to make out my car isn't my car?

 

BTW, I did get your email but can't find it to reply. Sorry I wasn't being rude.

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Posted (edited)

Sorry to hear about bereavement issues.

 

We haven't suggested appealing to POPLA for years, so are a bit useless in offering advice.  I'm surprised that you were allowed a POPLA appeal so long after the event.  Anyway, I suppose at the various stages state your evidence and find try to find holes in theirs.

 

Even if POPLA fails, which is probable, you had the good sense to take the photo of the machine and if Smart were daft enough to try court you have proof that you tried to pay but their incompetence prevented this.

Edited by FTMDave
Typo

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thanks Dave.

 

I wouldn't mind but I overpay at all car parks so I don't get caught out. What idiot risks going to a private car park not paying 70p in the hope they WON'T get a £60 or as it was £170 fine? 

 

Over the weekend I will get up their evidence so you can see what I mean. I believe the alleged database of cp payers is just a fabricated mess that most people would crumble at, but it makes no sense. They are trying to show everyone leaves the cp dead on the hour or 2hrs. 

 

Anyhow, I am sorry I messed up. We all get caught out I guess with the sneaks, on occasion.

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FINE??

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

speculative invoice!!

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well if it shows that the car bearing your reg no however it came out, paid then you re in the clear. Just because their machine was not working properly why should you be penalised?

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  • 1 month later...

Just to let you know I got a decision from Popla and I am to pay £85, which I don't have. They didn't mention my evidence only that when Smart sent incorrect evidence and even said I had paid, it was an "error".

Where next?

Happy to fight on if I can.

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