DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 62072--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: b789
Date: March 12, 2025, 7:16 am
---------------------------------------------------------
OK. However, if English is not your first language, you should
ask for assistance when drafting something like this.
#Post#: 62550--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 14, 2025, 1:07 pm
---------------------------------------------------------
I received this acknowledgement yesterday - 13.3.25:
Parking Charge Notice: TC85150466
Thank you for your recent communication.
We can confirm that your appeal has been received and that all
action has been suspended pending adjudication. We will
endeavour to respond to your appeal within 28 days.
If your appeal has been received within 28 days of issue of the
Parking Charge Notice (PCN) and your appeal is unsuccessful, the
PCN will revert to the amount outstanding at the point of appeal
and the payment terms will be extended.
Please remember to check your junk and spam folders
periodically.
Yours sincerely,
Smart Parking Limited
#Post#: 62937--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 17, 2025, 1:20 pm
---------------------------------------------------------
I got this reply today from 'Smart Parking' :
Parking Charge Notice : TC85150466
Thank you for your recent communication.
As per the Private Parking Single Sector Code of Practice June
2024 (clause 8.4.1a), all appeals must be submitted within 28
days of the Notice to Keeper being issued. Clause 10.1. also
notes that if a driver, keeper or hire company does not respond
to a notice, subsequent correspondence or a parking charge has
not been paid in full, the Parking Charge then becomes overdue
after 28 days. Due to the length of time the PC has been open,
this has now been referred to Debt Recovery Plus Ltd, who are
handling this on our behalf. Please contact them directly if you
wish to discuss this further.
Furthermore, would like to make you aware that we have no hold
over the Royal Mail postal services, however we can confirm that
the PC was issued to you on 03/01/2025 and promptly posted
(please find copy enclosed).
Debt Recovery Plus: 0208 234 6775 or 0141 301 2355
We note the comments made within your appeal however, we cannot
rescind the Parking Charge on this basis. When using the car
park in question you must adhere to the advertised Terms and
Conditions, and it is the responsibility of the driver to ensure
they acknowledge the signage upon entering the site. We can
confirm that there is signage on entrance to, and around the car
park grounds. All signage is BPA approved and compliant with The
Private Parking Single Code of Practice.
All signs on site are compliant with the British Parking
Association (BPA) and The Private Parking Sector Single Code of
Practice June 2024. Signs and Surface markings must be
designed, applied and maintained in such a way as to be visible,
legible and unambiguous to drivers. Clause 3.1.1, of the single
code states that "An entrance sign must be displayed and
maintained at the entrance to controlled land to inform drivers
as appropriate whether parking is permitted subject to terms and
conditions, including payment, or is prohibited, unless: subject
to terms and conditions, including payment, or is prohibited".
It also states in clause 3.1.3 a) that signs must be placed
within the controlled land, such that drivers have the chance to
read them at the time of parking or leaving their vehicle. There
are several signs situated around the car park that advise of
the tariff, terms and conditions, we can confirm all signage on
site is BPA approved, and compliant with The Private Parking
Single Code of Practice. Please be aware all signs are set to a
standardised height, regulations and written in clearly and
intelligible language. There is no ambiguous language or jargon
on any of the Smart Parking signs at this site.
The car park is sited on private land, and the owners allow
access to the public, with use subject to the Terms and
Conditions of parking, which are advertised on signs situated
around the site. The PCs are enforceable under Contract Law;
upon entering and remaining upon the car park you agree to the
terms and conditions which are clearly stated on the signage.
Your vehicle was parked in breach of these terms and conditions
therefore we must advise the PC was correctly issued and remains
outstanding.
We wish to inform that the car park in question is operated by
an ANPR cameras system which captures images of your vehicle
entering and exiting the site, which subsequently calculates
your total stay duration- this is calculated from the time of
entrance to the time of exit. This information is then compared
with the terms and condition of the site, along with any
validation we have with regards to your Vehicle Registration
Mark (VRM), to establish whether or not terms and conditions
have been breached without authorisation.
We can confirm that the convention occurred due to overstaying
the maximum free parking time. As stated on the signage, there
is a maximum stay period of 120 minutes. This restriction is in
place for all motorists. However, your vehicle remained on site
for 228 minutes, which resulted in an 108 minute overstay. As
your vehicle remained on site in excess of the maximum free
parking time, we can confirm that the advertised Terms and
Conditions were breached, and the PC has been correctly. The
Terms and Conditions of the car park are clearly advertised
around the site and must be adhered to by all drivers
Yours sincerely,
Smart Parking Ltd
------------------------------
They don't mention about having sent any other reminder letters
and there was no 'copy enclosed' in the email response (no
attachment or in the body). So their only letter was posted
'promptly??' on 3rd Jan and it took 10 days???
Of course I won't be contacting the debt recovery people. I
look forward to your thoughts and advice.
many thanks
#Post#: 62945--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: b789
Date: March 17, 2025, 2:08 pm
---------------------------------------------------------
What "copy enclosed" enclosure did they send with that? A copy
of the original NtK or a copy of their proof of posting?
WTF do they mean when you already stated that the date of the
alleged contravention was 28th October 2024. You also stay that
"the letter date of issue" was 6th November 2024 and that you
only received on 13th January 2024, but they then state in their
response that the NtK was issued on 3rd January?
Please show us any enclosures they sent with that pathetic
response.
Their response makes no mention of any other reminder letters
being sent, which suggests that this may have been their only
letter. Their claim that the matter is with Debt Recovery Plus
(DRP) does not absolve them from addressing your formal
complaint.
Your complaint required them to prove they have a valid contract
allowing them to issue PCNs at the site. Instead of providing
this, they simply repeated generic claims about signage and
contract law.
Their response suggests they either never sent an earlier letter
or are trying to dodge accountability. Since they failed to
prove PoFA compliance, they cannot hold you liable as the
Keeper.
Once you have answered my questions above and shown what they
did enclose with the letter, I will be able to suggest a
response to them.
#Post#: 62971--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 17, 2025, 4:12 pm
---------------------------------------------------------
Yes exactly as said, there was nothing enclosed or attached to
their email.
Yep - no mention of any other letters sent to me, ..and yes, my
only letter I got had date of issue 6/11/2024.
So yes, no reference to reminder letters and they only talk
about the (not) enclosed letter saying date of issue on it was
3/1/2025.
also, the email address they used is a
donotreply@smartparking.com - so of course they don't want any
response!
thanks
#Post#: 63003--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: b789
Date: March 17, 2025, 8:57 pm
---------------------------------------------------------
Just ignore everything except a Letter of Claim (LoC) if you
ever get one. You are dealing with feckwits of the highest
order.
#Post#: 63163--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 18, 2025, 5:57 pm
---------------------------------------------------------
Thank you for your time and advice.
regards PO
#Post#: 64701--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 28, 2025, 6:06 pm
---------------------------------------------------------
I received this letter yesterday.
The letter is showing a process for legal action ending in
county court judgement...' on the back to get scary!
So I guess I am looking for advice with this communication
please?
Many thanks
PO
[attachment deleted by admin]
#Post#: 64708--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: b789
Date: March 28, 2025, 8:57 pm
---------------------------------------------------------
Ignore useless debt recovery letters. They are powerless to do
anything except try and make the low-hanging fruit on the
gullible tree pay up out of ignorance and fear.
Do you have any understanding of how someone gets a CCJ? Nothing
we advise on here will make anyone get a CCJ.
--- Quote ---
> A County Court Judgment (CCJ) does not just happen—it follows
a clear legal process. If someone gets a Parking Charge Notice
(PCN) from a private parking company, here's what happens step
by step:
>
> [indent]1. Parking Charge Notice (PCN) Issued
>
> [indent]• The parking company sends a letter (Notice to
Keeper) demanding money.
>
> • This is not a fine—it’s an invoice for an alleged breach of
contract.[/indent]
>
> 2. Opportunity to Appeal
>
> [indent]• The recipient can appeal to the parking company.
>
> •If rejected, they may be able to appeal to POPLA (if BPA
member) or IAS (if IPC member).
>
> • If an appeal is lost or ignored, the parking company demands
payment.[/indent]
>
> 3. Debt Collection Letters
>
> [indent]• The parking company might send scary letters or pass
the case to a debt collector.
>
> • Debt collectors have no power—they just send letters and can
be ignored.
>
> • No CCJ happens at this stage.[/indent]
>
> 4. Letter Before Claim (LBC)
>
> [indent]• If ignored for long enough, the parking company (or
their solicitor) sends a Letter Before Claim (LBC).
>
> • This is a warning that they may start a court case.
>
> • The recipient has 30 days to reply before a claim is filed.
>
> • No CCJ happens at this stage.[/indent]
>
> 5. County Court Claim Issued
>
> [indent]• If ignored or unpaid, the parking company may file a
claim with the County Court.
>
> • The court sends a Claim Form with details of the claim and
how to respond.
>
> • The recipient has 14 days to respond (or 28 days if they
acknowledge it).
>
> • No CCJ happens at this stage.[/indent]
>
> 6. Court Process
>
> [indent]• If the recipient defends the claim, a judge decides
if they owe money.
>
> • If the recipient ignores the claim, the parking company wins
by default.
>
> • No CCJ happens yet unless the recipient loses and ignores
the court.[/indent]
>
> 7. Judgment & Payment
>
> [indent]• If the court rules that money is owed, the recipient
has 30 days to pay in full.
>
> • If they pay within 30 days, no CCJ goes on their credit
file.
>
> • If they don’t pay within 30 days, the CCJ stays on their
credit file for 6 years.[/indent][/indent]
>
> Conclusion
>
> CCJs do not appear out of thin air. They only happen if:
>
> [indent]• A parking company takes the case to court.
>
> • The person loses or ignores the case.
>
> • The person fails to pay within 30 days.[/indent]
>
> If you engage with the process (appeal, defend, or pay on
time), no CCJ happens.
--- End Quote ---
#Post#: 64883--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 30, 2025, 12:00 pm
---------------------------------------------------------
Hi,
Thanks so much for your feedback - so of course I will keep
ignoring until some other communication comes my way (and I will
notify you) or not get anything hopefully!
kind regards
PO
*****************************************************
Page 2 of 4
DIR Previous Page
DIR Next Page