SMART Parking: I Did not receive POPLA code or notification my appeal was rejected

Castle1A

Hi, I've spent three hours trawling through all the info on here and have read the "Newbies" one, but I still can't find anything that relates directly to my situation. Sorry if there's already info out there but I can't see it I'm afraid (though am going blind from reading the screen so long tonight!).


Anyway, I hope someone can help point me in the right direction, so here's the problem:


In June I got a PCN; I didn't pay because the machine beside which I'd parked was inaccessible as there'd been a huge downpour which created a lake of water ankle-deep around the machine. I have tickets proving I have paid every other week at approximately the same time and paid in the weeks subsequent to the fine, so I'm clearly not trying to get away with anything, I was genuinely unable to pay on that occasion.


I immediately appealed against the PCN, including copies of all my other tickets showing I pay regularly, and also witness statements from the manager of the bowling alley I go to on the retail park (who also noted I'm a regular customer and pay each week, I even get a refund voucher on the ticket which the bowling alley reimburse, and he stated that the machines get flooded and he's even flagged this to SMART Parking).


Heard nothing back from them. Then on 12-7-17 I received (and appealed against) another PCN that was issued to me in the same car park (Haven Banks Retail Park, Exeter). I had the ticket to prove I'd paid for parking on that occasion and the PCN itself corresponded exactly with the dates and times on the tickets, so they'd screwed up.


On 23-8-17 SMART Parking e-mailed me about the second appeal saying I'd won it (and not a word of apology from them for having screwed up and hounded me when I'd clearly paid). I replied asking what had happened about my first appeal; they responded on 25-8-17 and said it had been rejected ages ago and the debt had been passed to a debt recovery firm.


I contacted them to dispute this as I had heard that they're supposed to contact me to tell me their decision and offer me the right to an independent appeal (their website says I should be sent a verification code), but they claim they did contact me. I know they didn’t; I'd have appealed it right away if I'd received correspondence, as I did with the first stage appeals I made directly to them.


Then on Saturday 26-8-17 I got a letter from the debt recovery company (DRP) and now SMART Parking refuses to have further communication with me, simply referring me to DRP. It seems very suspicious to me that I only received the debt recovery letter days after chasing up the outcome of the initial appeal, as if they realised they'd not actually sent me the notification of their initial decision and were trying to cover their mistake.


I contacted POPLA and they said:

In order to appeal through our service, you must have a 10-digit verification code, which the Parking Operator would provide to you. POPLA cannot provide this code, however it is a requirement that members of the British Parking Association Approved Operators Scheme must provide POPLA codes to those who appeal unsuccessfully.


The British Parking Association (BPA) is the membership association for the operators under its scheme, and for operators to be a member they must adhere to the terms set out in the BPA Code of Practice.


Therefore should you wish to make a complaint about the operator, you may wish to direct this towards the BPA or the operator concerned.

So it seems I can’t appeal it through POPLA as they claim the appeal period has elapsed, but how was I supposed to appeal if I didn’t receive notification of the outcome? I did send a complaint to the BPA today, but not sure if that'll have any impact on the chances of this going to court.


I'm not sure of the terminology but from what I've read I think maybe there's a case for "frustration of contract" in terms of the machine being inaccessible. I also wonder if there's a case to be made that a £160 fine from DRP is unreasonable and that the Beavis ruling doesn't stand up in this case as there's no deterent function...I pay every week when the machine works so what am I going to be deterred from? In fact, in recent weeks I've begun to boycott the car park and use a nearby side street instead.


I've had two letters from DRP now; should I be ignoring them or should I reply and state that I don't acknowledge the debt as I wasn't given a POPLA code, and that any further correspondence will be counted as harrassment? It is seriously causing me sleeplessness and a pretty constant feeling of anxiety; feels really unjust that I'm getting chased when I'd have happily paid the £2 fee if the machine was accessible.


Again, sorry if this is repetitious but I genuinely can't find anything that seems to suggest what I should do next. I really don't want to give in and pay anything to DRP or SMARTParking, beyond perhaps the £2 I'd have paid in the first place, but I don't really want to go to court either (though part of me thinks it'd be worth the effort just to see what happens and how the process works). Any guidance would be hugely appreciated.

Umkomaas

1. Ignore DRP letters - they are impotent (nor are they important! ). Come back if Smart (not DRP, because they can't) issues court papers - vanishingly unlikely, but highly defendable with assistance from the forum.

2. Complain to the BPA (cc David Dunford of the DVLA) about the issues relating to your first appeal.

Complaints to the BPA and DVLA can be emailed to:

aos@britishparking.co.uk

or (if posting)

British Parking Association
Stuart House
41-43 Perrymount Road
Haywards Heath
West Sussex
RH16 3BN

and DVLA:

FOI@dvla.gsi.gov.uk

david.dunford@dvla.gsi.gov.uk

beamerguy

Castle1A

You are currently the subject of a scam

Smart Parking are famous for attacking the elderly
and disabled people and other people like you

ASDA KICKED OUT SMART AND OTHERS HAVE KICKED THEM OUT AS WELL ......

Whilst they are a very nasty scammer the good news is
they are easy to beat

DRP are simply scavengers, who troll around the rubbish
dumps just like hungry rats and they employ baboons on the
phone so YOU NEVER EVER RESPOND TO DRP ... GOT IT

DRP ARE TIMEWASTERS ... THEY CANNOT DO ANYTHING

THE BPA

A totally defunct organisation who lied from the start
Nowadays they run around the sewers in Haywards Heath
looking for any piece of sh*t who will become their members
Cloud 9 dreaming, the BPA had their chance and fluffed it

Just wait now to see what Smart will do, ignore the debt collector
rubbish. DRP = :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl: