Smart ANPR PCN - Faulty Machine - Bell Centre Melton MowbrayParking Ltd

[LestahLass]

This morning I received a letter from DR+ demanding £170. The date of parking charge was 23/10/20. The letter says they have 'traced' me to this address because letters sent by Smart to the address the DVLA hold for me, were not answered.

 

At this point I should point out I moved from Surrey to Leicestershire in 2018 and I registered a change of address with the DVLA. My driving licence is this address and though I have been unable to find it today, I am pretty sure I would have changed my address on my V5.

 

Now, I can confirm I was at the car park when they said and yes, no payment was made because despite trying several times, the one and only machine said "Cancelled. Printing error". I know because I photographed it, just in case.

 

I gather I ignore this demand but I have never had a parking problem so I would be very grateful if you could advise me of my next move please.

 

 

DR+ demand + Machine pic.pdf

[LestahLass]

Ok thank you DX. Will get that up tomorrow. 

 

I used to be Vamps 

[LestahLass]

Brilliant  

[LestahLass]

Sorry both for lack of response by me. Bad week as anniversary of Mum's death. I will upload all files tomorrow. Also had a second letter from DR+ yesterday.

Thanks both for your replies 

[LestahLass]

1 Date of the infringement

23/10/2019
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

No idea on original but Debt Recovery Plus states their notice is 07/01/2021
 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received

11/01/2021
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Back of letter mentions it.
 

5 Is there any photographic evidence of the event?

Photographic evidence I went in and out of the car park, also I have evidence the payment machine was not working.
 

6 Have you appealed? [Y/N?] post up your appeal]

No as didn't know I had it.
 

Have you had a response? [Y/N?] post it up

n/a
 

7 Who is the parking company?

Smart Parking Ltd

 

8. Where exactly [carpark name and town]

Bell Centre Melton Mowbray
 

For either option, does it say which appeals body they operate under.

Not been given the option
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

Second letter demanding payment by 29/01/2021

 

 

Parking.pdf

[LestahLass]

On 11/01/2021 at 23:14, dx100uk said:

 

better get up on DVLA site and check then. 

Can't get through to the DVLA, going to try again

 

[LestahLass]

Still can't get through trying to speak on chat but every time they pass me on and I never get to speak to anyone and it times out

 

[LestahLass]

Thanks Dave

[LestahLass]

Thanks Andy.

 

I have probably messed up. I had a bad bereavement at the beginning of June and got a Letter before Action from Smarts debt collectors. I decided to appeal to Smart with the photographic evidence above.

 

Of course they rejected it. Told me I was parked for 24 minutes and I could appeal to Popla or the Ombudsman but they don't take part with the ombudsman. So I went to Popla gave my evidence and now the evidence from Smart has returned.

 

One point they say is that a payment was made for the reg but it's not my car. And it couldn't be me as the car stayed for 65 minutes.

 

The next piece of evidence is a long list of car's regs showing the time they entered, how much paid, how long the car has paid for and on first impression shows the time the car is due to leave, e.g. arrives 10.24am, paid 1hr, must leave by 11.24am. However, a couple of them show 2hrs are paid and the time left is 1hr. And every single one is either exactly 1hr or 2hrs to the minute. So I can only assume this alleged document showing all the cars parked on the day is fabricated to appear to show tickets purchased.

 

Also they say "as you can see *my reg* has registered a payment but the full reg does not belong to the Appealant". I will get the exact wording later but it makes zero sense and a judge would rip it apart. 

 

Any advice please.

[LestahLass]

Hi Dx and thanks. 

 

I feel a bit stupid and was caught at a low ebb. I gather Popla will just award in their favour?

 

I have 7 days to reply as the Smart evidence arrived today. I have stated I dispute the alleged debt and the pcn is not a fair representation of lost revenue. Still no reason why I got that message on the machine. If I had done something wrong, which I didn't, surely they would have an explanation as to why that Cancelled Printing Failed message would appear?

 

Also, why are they trying to make out my car isn't my car?

 

BTW, I did get your email but can't find it to reply. Sorry I wasn't being rude.

[LestahLass]

Thanks Dave.

 

I wouldn't mind but I overpay at all car parks so I don't get caught out. What idiot risks going to a private car park not paying 70p in the hope they WON'T get a £60 or as it was £170 fine? 

 

Over the weekend I will get up their evidence so you can see what I mean. I believe the alleged database of cp payers is just a fabricated mess that most people would crumble at, but it makes no sense. They are trying to show everyone leaves the cp dead on the hour or 2hrs. 

 

Anyhow, I am sorry I messed up. We all get caught out I guess with the sneaks, on occasion.

[LestahLass]

Just now, dx100uk said:

FINE??

 

 

Sorry mate PCN

[LestahLass]

Yeah probably. 

 

☹

[LestahLass]

Just to let you know I got a decision from Popla and I am to pay £85, which I don't have. They didn't mention my evidence only that when Smart sent incorrect evidence and even said I had paid, it was an "error".

Where next?

Happy to fight on if I can.

[LestahLass]

Ok DX  thank you.

[LestahLass]

Sadly it never arrived here. For some reason DVLA had my old address on file, been trying to contact them to change it to no avail. 

I think it's in their evidence. I will have a look in the morning.

[LestahLass]

Long enough and I was 100% sure I changed as is my OH. How do I do it online? I can't find my old V5C.

[LestahLass]

Just pressed the link re: updating if lost the V5C. It goes to a 404 type page. I am sure it was around but cannot find it. I have tried several times a week to ring them this year and end up getting cut off. I will have another dig about tomorrow. 

 

I honestly thought I updated both driving licence and V5C when I moved. 

 

Feel a bit foolish ☹

Edited August 19, 2021 by LestahLass

[LestahLass]

Got a Letter from Debt Recovery Plus that arrived this afternoon.

 

I allegedly owe £170, which is NOT what the appeal people said. £85 I believe. 

 

Option A pay up.

Option B face potential court action.

 

If I ignore and not contact them, they will, after 7 days, start legal Recovery actions.

 

Abigale wants me to have a fair outcome and avoid court action. She has provided a fair analysis of my case. I allegedly owe £170. 

 

Option to pay by payment plan lost in 7 days from date of letter which was 22/10/2021, so I have til tomorrow to pay, else it goes to court.

 

If I don't pay they will contact me again with steps required to move for legal action.

 

My lovely CAGer's, where do I go from here please?

[LestahLass]

So they can't take me to court?

[LestahLass]

I know I should read far more but I genuinely do not have any real understanding of parking laws. I will try to read up but do not want to make the mistake I did originally, by appealing. I am actually quite scared of this one and really want to double check I am doing the right thing. Thank you for being patient and I will do more reading. 

 

Thank you all for your help thus far.

[LestahLass]

Thank you both.

 

Did some reading up last night. Will be less worried if they decide to try court action now.