Not so Smart Parking Ltd - lost again

ihatetrump

@Jenni_D @Fruitcake - thanks to both of you for your response: It prompted me to look at the BPA CoP, which states as follows:

31.8  You must acknowledge or reply to the appeal within 14 days of receiving it.  If at first you only acknowledge the appeal,  or your reply does not fully resolve it,  normally we would expect you to seek the additional information you require from the motorist and accept or reject the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist.  It is acknowledged that in exceptional circumstances,  an investigation into a appeal may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution.  If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times

My first appeal was on 25/10/2021 - so 14 days is already up - and no reply or acknowledgement to date - they're so quick to slap PCN's around but not so quick to follow their own Industry Code of Practice  - such scumbags!

D_P_Dance

Comlain complain complain, it works for me.  

ihatetrump

So having lodged my appeal with (not so) Smart Parking on 25/20/21 - by my calculation, today is day 36 and I have received no response from Smart (only a screenshot of my online appeal acceptance) - while I fully expect them to reject it, they (being members of the BPA) are not complying with the BPA Code of Practice clause 23.8 , which states:

23.8 You must acknowledge or reply to the appeal within 14 days of receiving it. If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a appeal may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times

They have sought nothing more from me, in fact I have asked them for information (name of landowner and even the address of the alleged contravention! - no postcode of car park, just 'MILTON KEYNES CENTRAL STATION' - could be any station - petrol station maybe  ).

I fully expect this to go to POPLA, but would also like to complain to DVLA for giving my name and address when their NTK is not PoFA compliant.

Any advice?

KeithP

ihatetrump said:

... but would also like to complain to DVLA for giving my name and address when their NTK is not PoFA compliant.

PoFA compliant or not, the parking company are allowed to ask the DVLA for the keeper's details if only to ask the keeper for the details of the driver.

Umkomaas

So having lodged my appeal with (not so) Smart Parking on 25/20/21 - by my calculation, today is day 36 and I have received no response from Smart (only a screenshot of my online appeal acceptance) - while I fully expect them to reject it, they (being members of the BPA) are not complying with the BPA Code of Practice clause 23.8 , which states:

Check the status of your PCN on the Smart website. I'm sure I've read other Smart cases where they've cancelled but not bothered to inform the motorist. 

ihatetrump

@Umkomaas

You're a star - great advice:



Oddly enough, you need to Appeal again with PCN details and vehicle reg, just to get to this screen.

Thanks again - anywhere else I should post?

Thank you!

Umkomaas

Thanks again - anywhere else I should post?

I don't think there's anywhere else on the forum to update. Well done on getting this monkey off your back before Christmas, frees up some space for you to dig your claws further into Batman and Robin over in Warrington!

ihatetrump

I presume you also mean The Joker in Macclesfield? 

fig1080

Loving this thread.  How do I find the 'newbie template' you mention?

Le_Kirk

Despite it being a year old thread, the NEWBIE sticky is on the front page of the forum, one of the announcements permanently lodged there.