Smart ANPR PCN - didn't Key in reg - appealed -LYNDON HOUSE - 62 HAGLEY ROAD, EDGBASTON, BIRMINGHAM, B16 8PE

[lolerz]

Please answer the following questions.

1 Date of the infringement 26/06/2023

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 14/07/2023 (18 days)
 

3 Date received Unsure - Believe it was around 20th July 2023.
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No, not at all!
 

5 Is there any photographic evidence of the event? Only vehicle entering/exiting
 

6 Have you appealed? [Y/N?] post up your appeal] Y - Don't have a copy of the appeal, I'm pretty sure it centred around the fact their appeals page didn't work and that a letter had to be sent! I'll see if we can find a copy ASAP. 95% Sure that it didn't mention who the driver was.
 

Have you had a response? [Y/N?] post it up Yes. Included in .pdf
 

7 Who is the parking company? Smart Parking

 

8. Where exactly [carpark name and town] Lyndon House, 62 Hagley Road, Edgbaston, Birmingham, B16 8PE

 

Google Maps

WWW.GOOGLE.COM

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★★★★☆ · Estate Agent

For either option, does it say which appeals body they operate under. IAS, but also mentions POPLA and has a BPA badge in the corner? Lord only knows this one.
 

Now with Debt Recovery Plus, Letter included in .pdf.

Worth noting that the letter from DRP is dated 02/10/2023 and was only received on 21/10/2023.

 

Posting this on behalf of my boss, should it get as far as a letter of claim I'll make sure that they get on here myself. Only really found out about this when I saw her on the phone to the debt collectors (which I swiftly shut down). Thankfully she was on hold and not speaking to anyone (For over an hour) so no lies could be stated by the DCA. Obviously she's worried about getting a CCJ with the work she does, despite me trying to calm her that it won't get that far.

Would appreciate some of your expert assistance on this to help calm her down.

Thanks.

docs1.pdf

[jk2054]

Hi, I assume no letter of claim or claim has been issued yet?

[FTMDave]

Don't worry.

I've been on this site for eight years and I haven't seen one case of Smart taking anyone to court.

Of course they threaten to drop a nuclear missile on your house if you don't pay, but in the end court is not part of their business model.

DRP can have as much involvement in this case as your next door neighbour or the last person you bought some fast food from - i.e. none, as it's not their debt.

Tell her to relax, and, as you said, if a LoC turns up, to come here herself.

The key in legal dispute is to separate the threats made by paper tigers towards the naive who just give in - from the real threats which might really lead to court.  These threats are laughable.

In any case CCJs are used to punish people who defy court orders.  So for her to end up with a CCJ, Smart would have to send the LoC, then start a court case which they have never done in the 16 years of this site's existence, then she would have to lose the court case, plus then defy the court and not pay within the 30 days' allowed.  Then she would get a CCJ.  Not going to happen.

[lookinforinfo]

he PCN does not comply with the Protection of Freedoms act 2012 which governs the private parking rogues. As it does not comply Smart cannot transfer their charge from the driver to the keeper. So if yor boss was not the driver they have no liability to pay Smart.

Bearing in min.d that hundreds of drivers are able to drive her car Smart would have a hard job winning in court even if she was the driver.

Bosses often lease their cars and though it doesn't appear that this car is leased or hired could you please just confirm the situation.

[lolerz]

Hi all.

Thank you for the information so far, I've relayed this to my boss.

I can confirm that the car is on PCP, and she holds the V5 document.

She'll have a look through her emails tonight to see if she can find a copy of the appeal she sent in. 

For now, I've advised her to just pass any correspondence she gets on to me and to ignore it all.

 

[Homer67]

NTK is out of time to transfer liability to the RK - it ends there as long as the vehicle is registered in her name and the NTK didn't go somewhere else first?