zenith collections for smart parking charge

[Gick]

This would imply that you have not updated your address as Registered Keeper at DVLA. This does mean that you have committed an offence in not notifying a change of address, however the saving grace is that the legislation requires the notification to be made forthwith making it not a continuing offence, so the statute of limitations means that after 6 months of it ceasing to be your permanent address they cannot pursue you, unless they can prove that you moved subsequently (the 6 months clock then starts again).

 

You should however update DVLA now, also your driving licence will need updating/renewing if not yet done .

 

Am I right in believing that it was you only, left the marital home and your wife and family still live there? If this was an acrimonious split it could be that your wife deliberately witheld any earlier letters. Do not telephone or email any PPC. As you have not received the Notice to Keeper the best thing is to write to (not so) Smart Parking as the registered keeper notifying them of your current address, getting free proof of posting at your local Post Office. The reason for not telephoning or emailing is that doing so gives them a free means of harrassing you and last minute service of papers should it get so a court claim.

 

If you can, ask your son or (if relations are now better with your ex), your wife to pass any further letters on to you so that you do not miss a County Court claim and subsequent judgement by default. If it gets as far as a court claim you will be able to get copies of the NTK, which if you post a redacted copy here can be examined by the experts and the necessary action advised.

[Gick]

Sorry, need to correct my previous post, mixing two sections of the legislation.

 

however the saving grace is that the legislation requires the notification to be made forthwith making it not a continuing offence, so the statute of limitationsicon means that after 6 months of it ceasing to be your permanent address they cannot pursue you, unless they can prove that you moved subsequently (the 6 months clock then starts again). is for the notification of change of ownership.

 

If you were pursued by DVLA your mitigation would be that you did not have a permanent address (if that was so) and you still had connection with the registered address through your family. Sorry again for confusion.

[Gick]

Please don't phone. You need a paper trail in case they try for a judgement in default by deliberately sending letters to your old address. Not so Smart Parking will not be interested in your explanation, they make no money by accepting appeals!

[Gick]

Quoting the reference number, just tell them that it has been brought to your attention that they have been writing to you as registered keeper at an incorrect address as you have moved. Tell them that all correspondence should be sent to .......

 

Their address is:-

 

Smart Parking Limited

Unit 43, Elmdon Trading Estate

Bickenhill Lane

Birmingham

B37 7HE

 

Do not go into details as you could quickly identify yourself as the driver and thus remove one of the hurdles that PPCs need to climb to successfully pursue you. As I posted above, they are not interested in reason, as being reasonable does not make them any money.

 

Their response is likely to be that now that it has been passed to Zenith collections you should deal with them. However, unless they have assigned the 'debt' to Zenith which is not likely - they are just acting as Debt Collectors - only Smart Parking Ltd or their tame solicitors can take/institute action.