Advice Please Re Smart Parking Ltd

[pulmicort1415]

Received 2 parking summons from Smart Parking Ltd of Birmingham.

On two separate occasions at a filling station beside airport.

Two photos of registration involved. Not disputed.

Says on rear of summons "driver of vehicle at time of offence is liable."

Car is registered in my wife's name.

Over 10 months ago she was diagnosed with sight problems and is awaiting hospital treatment. Also diagnosed with early stage dementia. Obviously she has not driven since then.

She was not the driver at the time of the offences.

I contacted Smart Parking explaining the situation.

The car as I said is registered in her name.

The vehicle is mostly used as an "as required" by up to 8 different family Members on occasions.

None admit to being the driver.

I contacted Smart Parking by email and explained the situation as i have here.

They asked for proof of authorised permission to act on behalf of wife. I provided photographic evidence of signed letter and also of doctors and opticians diagnosis of her condition to prove she was not the driver. The proof was sent by email. Despite 4 requests for update I have heard nothing and she is now receiving letters from Debt Recovery Manchester.

We are pensioners and cannot afford solicitors. What is my legal position please.

 

[newmodarmy]

Maybe the 8 family memebers who use the car could be asked to share the cost unless someone owns up. You could even say it's not to be used until the fine is paid.

However, is it also possible the number plates had been cloned?

[Buenchico]

While the statement that "driver of vehicle at time of offence is liable" is correct in the first instance, where payment from that driver is not received, Section 56 of the Protection of Freedoms Act 2012 (together with Schedule 4 thereof) then gives the parking company the right to pursue the registered keeper of the vehicle for payment.

Therefore, irrespective of her medical condition, your wife is now liable for the debt.  

[Giggsie]

Contact ....fight your private parking invoice..... on Facebook you get very good advice there.

[chelle7272]

As your wife is liable I would talk to them about paying off the amount owed over a period of time.

I would also take it up with the family members letting them know what stress this is causing you, that you can't afford to pay their bills and don't let any  of them use the car again until it is sorted out.