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#Post#: 55222--------------------------------------------------
Smart Parking/Debt Recovery Plus - No PCN recd, DRP letter
arrived
DIR By: billnit
Date: January 26, 2025, 2:18 pm
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Evening all,
First time post here, although previously used Pepipoo some
years back and great help from those users - i see some familiar
names here too.
Situation as follows:
-RK received letter from Debt Recovery Plus (DRP) a few days
ago, referring to a PCN of Smart Parking Ltd dated 30/11/24
-RK (to their knowledge) has not received original PCN from
Smart Parking - the DRP letter is the first known about this
-V5 is up to date and address not changed in years, so assume
original PCN not sent, not recieved, or possibly mislaid
-Reason for issue is "Overstayed Free Time" in retail park. DRP
letter does not give detail of amount of overstay, but Plan A
attempted to store with copy of receipt showing custom on date.
-Store sympathetic (manager spoken to) but say unable to cancel
and say to contact Smart Parking and mention store manager is
happy for cancellation - apparently some of their own staff have
been caught out too.
-Not convinced of a plea to Smart Parking, irrespective of
whether the store manager has given blessing.
-Presume that RK is now out of time to appeal, but having never
recieved original PCN, wondering if 23.8 of BPA CoP comes into
play (as mentioned in other posts)
-Is it worth complaining to Smart Parking that the RK never
recieved PCN and therefore this should be re-issued and 28 day
period should re-start?
-Would position be prejudiced by the above, and/or is it better
to ignore DRP letter and wait for next letter - presume from
DRP, as Smart Parking have handed over to them?
Thanks in advance!
#Post#: 55283--------------------------------------------------
Re: Smart Parking/Debt Recovery Plus - No PCN recd, DRP letter
arrived
DIR By: Dave65
Date: January 27, 2025, 4:33 am
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Generally Smart`s PPN`s don`t full fill the requirements of PoFA
to hold the keeper liable.
You could sent a sar to Smart for a copy of the original PPN.
Do not be tempted to telephone anyone.
#Post#: 55439--------------------------------------------------
Re: Smart Parking/Debt Recovery Plus - No PCN recd, DRP letter
arrived
DIR By: b789
Date: January 27, 2025, 3:56 pm
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Don't send a SAR. You send a formal complaint to (not so) Smart
Parking which they are obliged to consider as an appeal under
Section 11.2 of the BPA/IPC Private Parking Single Code of
Practice
HTML https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf<br
/>(PPSCoP). You will put them to strict proof that they actually
sent the original Parking Charge Notice (PCN) as postal Notice
to Keeper (NtK). They must either provide a certificate of
posting or a signed delivery receipt.
(not so) Smart PCNs are never PoFA compliant so the Keeper
cannot be liable, only the driver and they have no idea of the
drivers identity unless the Keeper blabs it to them,
inadvertently or otherwise.
I suggest the following as a formal letter of complaint to (not
so) Smart. Save it as a PDF and attach it to an email addressed
to: complaints@smartparking.com and also CC in yourself:
--- Quote ---
> FAO: Complaints Department
> Smart Parking Ltd
> Unit 43 Elmdon Trading Estate
> Bickenhill Lane,
> Birmingham
> B37 7HE
>
> By email to: complaints@smartparking.com
>
> Subject: Formal Complaint Regarding Parking Charge Notice
(PCN) [Reference Number]
>
> Dear Sir/Madam,
>
> I am writing to formally raise a complaint regarding the
Parking Charge Notice (PCN) issued under reference [reference
number].
>
> The grounds of my complaint are as follows:
>
> [indent]1. Proof of Issuance of the Original PCN
>
> [indent]I have no record of receiving the original PCN. Simply
claiming that it was sent on a particular date does not
constitute proof of sending or delivery. To meet your
obligations under the BPA/IPC Private Parking Single Code of
Practice (PPSCoP), I require you to provide strict proof that
the Notice to Keeper (NtK) was issued in accordance with the
Code. Specifically, I require:
>
> [indent]• A certificate of posting or equivalent evidence
confirming the date and address to which the NtK was sent; or
>
> • A signed delivery receipt, if applicable.[/indent]
>
> Without such evidence, any claim of proper service is invalid.
I suggest you review the relevant section of the PPSCoP to
ensure your practices align with your obligations under the
Code.[/indent]
>
> 2. Keeper Liability and PoFA Compliance
>
> [indent]The V5C data held by the DVLA has been accurate and
unchanged for many years. As the Keeper, I cannot be held liable
for this charge unless you can demonstrate full compliance with
Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Based
on my understanding of Smart Parking's practices, it is highly
doubtful that the NtK issued in this case is
PoFA-compliant.[/indent]
>
> 3. No Obligation to Identify the Driver
>
> [indent]As the Keeper, I am under no legal obligation to
disclose the identity of the driver, and I have not done so.
Without such evidence, you have no legal basis to pursue this
claim against me.[/indent]
>
> Unless you can provide the required evidence of posting or
delivery, and further demonstrate that the NtK is fully
PoFA-compliant, you must cancel this PCN or issue me with a
valid POPLA code where you know fully well that you have no
chance of refuting an appeal.
>
> Please confirm in writing that the PCN has been cancelled.
Should you fail to resolve this matter satisfactorily, I will
escalate my complaint to the British Parking Association (BPA).
>
> Yours faithfully,
>
> [Your Full Name]
> [Registered Keeper]
--- End Quote ---
#Post#: 55491--------------------------------------------------
Re: Smart Parking/Debt Recovery Plus - No PCN recd, DRP letter
arrived
DIR By: billnit
Date: January 28, 2025, 3:53 am
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Thank you both for responses, in particular B789. I've actioned,
and will advise on response/outcome.
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