Smart ANPR PCN - overstay - LBS, Newark on Trent - Now debt collector

[nickm911]

We recently moved house, and sometime before updating the address on a V5 I received a PCN from Smart parking (or so I believe) for 'insufficient paid time".

They would have gone to my old address and I think thrown away by whoever now lives there. 

I've just picked up some post from the estate agent and there is a letter from debt recovery plus for £170. 

 

This is obviously going to count as a default, so I'd really like to do anything I can to remove it. 

Is it worth contacting smart parking and explaining they sent the reminders to the wrong address, and offering to pay them?

 

[honeybee13]

Hello, welcome to CAG.

 

Let's slow down a bit and please dont contact Smart because it could cause you extra problems.

 

Could we see the letter from DR+ please because I suspect there isn't a 'debt' at the moment?

 

Best, HB

 

 

[nickm911]

Thank you.

Yes, here you go;

Untitled.pdf

[honeybee13]

Thank you. Well, that's what we call a threatogram. It's best to do nothing unless you get a letter headed Letter Before Claim/Action.

 

Could you let us have the information requested in the forum sticky please and we'll start looking at this for you.

 

 

HB

[dx100uk]

36 minutes ago, nickm911 said:

This is obviously going to count as a default,

no its not!

 

 

[nickm911]

Thanks both. I jumped to a conclusion there. 

Due to an address change, this letter is the only correspondence I've had. 

The date was the 14/11/2021. I bought a ticket through the ringgo app, and it overran by about 30 mins (from memory). The carpark was LBS, Newark on Trent. 

 

[dx100uk]

a DCA is not a bailiff

and has

ZERO legal powers on ANY debt - no matter what it's type.

 

you need to write to smart parking. 

1 to get everything you've missed to date.

2. to legally inform them of your current and correct address else you risk a backdoor CCJ.

 

this might best be done by sending an SAR.

 

whilst on the subject, don't forget to write to ALL your debt owners, from say your credit file, on any debt that you last used/paid within the last say 7yrs, else you risk backdoor CCJ's on those too. never run from debt by moving!!

 

[nickm911]

Thank you both. 

I sent Smart Parking Ltd a SAR on Monday, and notified them of my new address. 
I've also setup a Royal Mail redirect for the next 6 months.

I'll update the thread when they respond. 
 

[dx100uk]

just remember that court documents rarely get redirected by royal mail. most state 'do not redirect' 

so if as i said earlier you do have old debts too WRITE dont rely on royal mail redirect.

for the sake of a few 2nd class stamps its not worth the risk of backdoor CCJ's on old debts

 

dx

 

[nickm911]

thanks, I didn't know that. Although as this is new I wouldn't have known to write to them. 

I have a response from Smart Parking re. the SAR request. 

I sent them two letters, one a standard SAR and the second was to notify the change of address. 
They replied to my old address and the Royal mail redirect picked it up. 

Is proof of identity normal practise now?

Or is this because of the address change? 

sar response.pdf

Edited February 8, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

1 hour ago, nickm911 said:

Is proof of identity normal practise now?

Or is this because of the address change? 

 

anyone you sent an sar to is duty bound by the LAW to be satisfied it is YOU if you have moved. hence the recommendation of CTAX bill.

you didnt need to send a sep address letter as well as the SAR, the sar kills both birds!! think about!
dont forget your other 'debts' too!

 

[nickm911]

sorry about that. Here we go. 

There were 11 files in the SAR. All included in this PDF (personal info redacted).

 

 

SAR return.pdf

[FTMDave]

I've had to hide your post.  On page 9 of the PDF you have left your full name & address showing.

 

Please redact properly and upload again.

[dx100uk]

there were in fact 4 errors

 

all sorted now PDF backup.

[lookinforinfo]

The PCN was sent out too late. It was sent out on a Friday [according to them] so wouldn't have arrived with you until the 29th November-ie one day late to be compliant. Therefore they cannot transfer the liability for the alleged debt from the driver to the keeper. So it is important not  to reveal who was driving that would include writing or appealing to them.

 

Interesting to hear if dx100uk thinks the photograph of the car arriving at the car park is too revealing of the occupants.

[nickm911]

thank you both. 

Isn't it 28 days for a PCN?  
 

date of incident to date of receipt would be;
14/11/2021 to 29/11/2021
15 days

Edited March 16, 2022 by nickm911

[lookinforinfo]

Yes 15 days is one day late. The 28 days is for a different situation. The 14 day figure is for the arrival of the PCN within that time from the date of the alleged breach. As the PCN is not compliant [it was sent too late] the keeper cannot be liable for any debt for that breach

[nickm911]

ok thank you. 

So where do I go from here. Do I write to Smart Parking, telling them they have missed the 14 days and that it is non compliant? 

[dx100uk]

God no.

you never tip them off

this why they are actually called not so smart parking.

there is always a fault in their paperwork.

 

there are no instances here of them doing court here i can find anyway.

 

dx

[lookinforinfo]

Here is a post I wrote earlier-

Not being PoFA compliant only means that the keeper cannot be pursued. So that still leaves the driver responsible so best not to appeal/contact them as you might reveal who was driving. We have seen it happen so often on here. Also as they cannot assume in Court that the driver and the keeper are the same person, that makes it difficult for them since anyone with a motor insurance policy is able to drive your car, plus many car owners have members of the family named on their policy.

[nickm911]

OK, understood. It just so happens that in this instance the person listed on the V5C that received the PCN wasn't the driver. 

So just sit tight?
What about the DCA? Wont they just pursue and eventually file a default?

Edited March 16, 2022 by nickm911

[dx100uk]

where have you got the idea a DCA can do anything or file a default?

 

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY DEBT - No matter what it's type.

 

await until or unless you ever get a letter of claim with a reply pack asking for I&E details etc

you do NOT do that, but reply via a snotty letter

 

i suggest you now spend your time reading a good few PCN threads in this same forum as you to get upto speed as you seem rather green on many subjects.

[nickm911]

thanks DX. 

It probably helps that the keeper of the car is female, and in the photos you can see the driver was male. 

 

Do I really need to wait for the letter of claim and reply pack to send the snotty letter? 
Is there any harm in sending the letter now?
 

[honeybee13]

Possibly not 'harm' if you worded your letter carefully, but you risk getting into letter tennis which is pointless and could wear you down. They'll say pretty much anything to try and get you to pay.

 

The long game works.

 

HB

[dx100uk]

this is smart parking

they have no record here of ever doing court

 

pers i'd wait ...nothing may happen at all

 

dx