Smart Parking Scotland Appeal Rejected No POPLA provided Straight to Debt Recovery Plus

Notsobigspender

Hello! 
Huge thanks already for the advice available here so far - after reading the Newbies thread I was feeling quite positive about my chances but the doubt has crept in. 
The vehicle was recorded in a Smart Parking operated car park in Scotland 04/10 with a Parking Charge Notice received via post on 07/11 (but dated 30/10) for staying longer than was permitted. 
After reading the Newbies thread/PoFA2012/BPA CoP it seemed the only/most realistic defence was based on timeframe of response and the fact the Smart Parking letter (can be provided) doesn't use POFA 2012 wording.
I used Smart Parking's online appeal form - in error forgot to record the exact wording of the first appeal but it was based on a tailored version of the templates on here, the response was along the lines of:

As keeper of the vehicle I recognise it was recorded on site on 04/10/20. The Parking Charge Notice letter directed to myself as keeper was dated 30/10/20 and by [BPA CoP] can be anticipated to have been delivered by 03/11/20 (but was not actually received until 07/11/20), and therefore exceeds the timeframes. Also due to the wording of the PCN I have no liability as keeper. 
They rejected the appeal via email 13/11 stating 
We would like to make you aware that as our car parks are monitored by ANPR cameras, we can confirm that tickets are not issued and displayed on offending vehicles. When a vehicle is captured parking in breach of  the site terms and conditions, the offending vehicle's registered keeper details are requested from the DVLA, and once received a PCN is issued by letter and sent out via the post.
We would like to clarify that as per the BPA code of practice January 2020, paragraph 30.8, "you must post the parking charge notice to the keeper as soon as possible. Your target is to send the parking charge notice to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA.". We can confirm that the contravention occurred on 04.10.2020, the registered keeper's details were provided to us on 29.10.2020, and the PCN was promptly issued. Therefore, this is within the time frames as stipulated by the BPA. Additionally, please be advised that we have no hold over Royal Mail postal services, once our letters are sent out.
We wish to inform that we have extended the initial discount period to 04.12.2020 ,if you wish to make a formal appeal please do so the aforementioned date.
I had another read over forums/threads and again responded based on templates via their website on 23/11 (as it was a donotreply email account):

As the keeper of the vehicle I appealed the parking charge on the grounds the NTK was received outwith the requisite time.This appeal has been rejected by yourselves, as per the email 23/11/20.

 POFA does not apply due to wording of the “Parking Charge Notice” letter which is non-compliant and has no mention of Schedule 4 of The Protections of Freedoms Act 2012,  and time issues as laid out in my previous appeal, so as keeper I have no liability for charges.

Given that Smart Parking has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

I haven't been provided a POPLA code via email or at the registered address of the car or received any response since. Today I received a Debt Recovery Plus letter noting that if the charge (now £170 rather than the original early payment of £60 or regular payment of £100) isn't paid by 27/01 they'll recommend Smart Parking take court action. 

I believe I should complain to the DVLA and BPA that I haven't received a POPLA code? Should I also contact Smart to note I didn't receive a POPLA, confirm this wasn't lost in the post/spam and note that I will be complaining if they did indeed fail to provide one? Are there any other steps I should be taking at this stage, given I dont have a POPLA number? I know ignoring DRP is advised. Thanks

Fruitcake

PoFA 2012 does not exist in Scotland.
There is no keeper liability in Scotland (yet, but it is on its way).
PoPLA is not available to keeper's in Scotland. That's shameful, an attempt to trap motorists into revealing the driver's identity.

Since you didn't reveal the driver's identity, then you are in ignore mode other than further complaints to the landowner/retail manager. You did complain first didn't you?

Debt collectors can be ignored. The fourth post of the NEWBIES explains why it is safe to do so.

Redx

As above , POFA does not apply , neither does keeper liability either , nor will they issue a popla code to a keeper in Scotland

The key word here being , Scotland !!

As for other avenues , you missed the most important task , plan A !!  So plan A is your best option , always was , always is , always will be !!

Redx

As above , POFA does not apply , neither does keeper liability either , nor will they issue a popla code to a keeper in Scotland

The key word here being , Scotland !!

As for other avenues , you missed the most important task , plan A !!  So plan A is your best option , always was , always is , always will be !!

Notsobigspender

Thanks Fruitcake, my research wasn't as good as I thought...
Didn't complain as it isn't a car park local to us and didn't receive the letter for a month. It's not clear who owns the car park but don't believe it was a landowner whose business we were frequenting (suspect Network Rail and this was for shopping, not rail travel). 

Redx

If it was network rail then bylaws apply , so seems unlikely to me 

Plus POFA doesn't apply on any network rail land , never has done , regardless of nation

Coupon-mad

Just ignore them then unless they try a small claim (Simple Procedure) but for single tickets in Scotland that is unlikely because they can't claim costs.

beamerguy

Today I received a Debt Recovery Plus letter noting that if the charge (now £170 rather than the original early payment of £60 or regular payment of £100) isn't paid by 27/01 they'll recommend Smart Parking take court action. 

Do read the Newbies thread and you will see about DRP.

DRP are simpletons and complete idiots. They are circus clowns and you must ignore them, no phone calls to them, no contact whatsoever.
IDIOTS that cannot recommend anything ... in their dreams.
Smart Parking are the biggest joke in Scotland .... a Scottish MP has indicated that they are involved in criminal activities

So just wait ....... you may get a junky letter from CST who are mates with DRP and if you do, go this thread
https://forums.moneysavingexpert.com/discussion/6166004/cst-letters-forum-group-thread/p1

And if you want a good giggle about DRP, look at this
https://forums.moneysavingexpert.com/discussion/6227874/debt-recovery-plus-and-euro-car-parks#latest

Notsobigspender

Thanks everyone else for your input / advice. These lot just seem like the worst and prey on elderly / vulnerable people who they scare into paying so I was loathe to pay. Will donate to Age UK in honour of your tireless efforts and otherwise sit on my hands. Cheers  

Umkomaas

Pete Wilshaw isn't your MP by chance?  He detests Smart Parking. If he is, write to him and complain about your harassment at the hands of Smart and their henchmen debt collectors, DRP. 

Redx

Notsobigspender said:

Thanks everyone else for your input / advice. These lot just seem like the worst and prey on elderly / vulnerable people who they scare into paying so I was loathe to pay. Will donate to Age UK in honour of your tireless efforts and otherwise sit on my hands. Cheers  

The new Scottish transport bill won't help you when it comes into force !!

The old ignore days will be gone , apart from Northern Ireland