Error whilst submitting appeal-Smart Parking

SilvaPearl

Hi Everyone,

Thank you for such an amazing resource of information regarding appealing tickets. I read and used the template in the Newbies section 6 months ago and can personally attest to winning my appeal at first stage.

Onto today's query, I recently received another ticket from Smart Parking, however I was extremely busy and forgot about this until the week it was about to expire. I eventually got around to writing the appeal (again using the template from the newbies section) but when I submitted the appeal, I got an error from Smart Parking's website which stated that "We could not process your enquiry, please try again in 24 hours"

I took a screenshot of this and delved back into my work. I remembered about the ticket about two weeks later, so I again tried and it went through but by this time the 28 days had elapsed. Some days later I got a letter in the post saying it had been handed over to a Debt Recovery company.

I saw a previous post where the person had also missed the 28 day window and just waited out Debt Recovery letters for 6 months-Can't post the link here as a new user.

I received no response on the appeal I filed by the way, not even saying the 28 days at elapsed when my appeal was received.

My question is, do I try to contact Smart and let them I know that I had tried to file the appeal within time, but got an error (which I have a screenshot of) and filed the appeal again later or do I like the person in the link above just sit out the Debt Recovery letters for 6 months?

Not exactly sure what to do and would appreciate your input on this.

Thank you

bartos1976

Yes, send them a letter or email so you have an audit trail. If it eventually goes to court you could do what i did and write to the judge respectfully requesting he orders the PPC to issue you with a POPLA code as you don't want to waste the courts time. When you do so provide him with the screenshots and evidence that Smart ignored your request.

Pretty certain he will agree and order them to issue you with a POPLA code

Redx

Meanwhile , complain to the BPA with proof of the site failure

SilvaPearl

Thank you both, I will do as you have both advised.

Umkomaas

Despite issuing hundreds of thousands of tickets each year, Smart really don't pursue via the courts. They had a dabble a couple of years ago, ran away when solid defences were put up, then never re-emerged.

I doubt they're going to restart with your case!

The_Deep

Read what Pete Wishart MP said recently in the House of commons about Smart Parking

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.