Smart Parking didn't responded for appeal

LithT

Hi everyone, looking for your experienced views in my case.

Story in short: Im the keeper of vehicle was parked in Tower Road car park in Newquay, on 12Aug2023. Camera registered car entering 13:06 and leving 15:23, total time spend in car park 2hr17min. Payment made for 2hrs starting 13:17, due to carpark busy and no spaces available after driving for 10min, payment made straight after car parked, as not able to use phone while driving.
On the way out car park space vacated within 2hrs it was payed, but unfortunately exit from carpark leads into busy road and trafic builds up, had to wait for other cars to exit, that led to extra time spend in carpark (not drivers fault), not in car park space.

As not local there no able to check signs, but didn't see any signs stating parking timer starts from moment you enter carpark, whtat if no spaces found and after 10min driving around have to leave?

18sep2023 PCN recieved by post from Smart Carparks, issue date on the letter 12sep2023. Asking to pay £100 or £60 if payed in 14 days.

20sep2023 appealed on Smart Carparks website, as don't agree with PCN. Couple days later recieved confirmation appeal recieved and decision will be made within 35 days i will be notified.

No futher emails or letters until 27Nov2023, letter arrived from debt collectors DRP asking to pay £170. Never had to deal with them before. Can they be ignored?

Unfortunately only then found out about this forum, and spend time reading all your advice how to deal with those money suckeres. When appealing online used my own words and possibly identify myself as I driver, had to input my name in appeal form, but not 100% sure as have no copy.

Your views on how possible this will go to court, and what's my chances if it happens?

As PCN was issued/arrived after 14 days, is that within time scale?

By not responding to my appeal, I wasn't given chance appeal to POPLA as no code received. If they say we  responded and sent you a letter. Will that class as responding?

Is it possible to appeal without code to POPLA?

Is it worth writing to BPA, can they help?

Thanks in advance for your opinions.

KeithP

LithT said:

No further emails or letters until 27Nov2023, letter arrived from debt collectors DRP asking to pay £170. Never had to deal with them before. Can they be ignored?

The fourth post of the NEWBIES thread explains exactly how to deal with debt collector's letters, but to summarise that post - ignore them.

Coupon-mad

As PCN was issued/arrived after 14 days, is that within time scale? 

No. They never use PoFA wording anyway.

By not responding to my appeal, I wasn't given chance appeal to POPLA as no code received. 

Agreed. Send Smart a complaint along those lines and tell them you will report them to the BPA.  You have to use the AOS member's complaints procedure first.  Then complain to the BPA.

LithT

Coupon-mad said:

You have to use the AOS member's complaints procedure first. Then complain to the BPA.

I have complained to Smart Parking already by email, but nothing came back.

Sorry, can you explain more about AOS member's complaints procedure 

Fruitcake

Go to the BPA website and follow the links to public information will bring you to their online complaint form.

Once you have exhausted the PPC's complaints procedure, which you must do first, then use the form to complain about them to the BPA. What does Smart's complaints procedure say about timescales? You can't complain until that timeline has been exceeded.

Enquiry/Complaint form (britishparking.co.uk)

LithT

On their website states, they will acknowledge complain within 14 days by providing reference number. And they should respond within 28 days.

Looks like just need to sit tight and see what happens.

Will update if anything change.

Thanks for now...

anonuser23

LithT said:

On their website states, they will acknowledge complain within 14 days by providing reference number. And they should respond within 28 days.

Looks like just need to sit tight and see what happens.

Will update if anything change.

Thanks for now...

I am basically in the same boat as this situation.

My thread is here:  https://forums.moneysavingexpert.com/discussion/6487410/smart-parking-case-update-debt-recovery-pre-legal-action/p1?new=1

PCN was sent to keeper of the vehicle after 28 days.  Keeper was not the driver.  Business owner submitted a cancellation request to smart parking for me, but no response.  I submitted an appeal to smart parking - no response.

Debt recover have now sent two letter to keeper of vehicle and threatening legal action as next step.

It seems Smart parking pass you off tp debt recovery and then don't respond, how to deal with that?

Coupon-mad

The answers here show who to complain to, which was why we signposted people here. How to deal with it is answered above.

Coupon-mad

anonuser23 said:

LithT said:

On their website states, they will acknowledge complain within 14 days by providing reference number. And they should respond within 28 days.

Looks like just need to sit tight and see what happens.

Will update if anything change.

Thanks for now...

I am basically in the same boat as this situation.

My thread is here:  https://forums.moneysavingexpert.com/discussion/6487410/smart-parking-case-update-debt-recovery-pre-legal-action/p1?new=1

PCN was sent to keeper of the vehicle after 28 days.  Keeper was not the driver.  Business owner submitted a cancellation request to smart parking for me, but no response.  I submitted an appeal to smart parking - no response.

Debt recover have now sent two letter to keeper of vehicle and threatening legal action as next step.

It seems Smart parking pass you off tp debt recovery and then don't respond, how to deal with that?

Same as all these:

Something of a pattern, eh?  

https://forums.moneysavingexpert.com/discussion/6524609/smart-parking-major-keying-errors-appeal-no-response-debt-recovery-plus

https://forums.moneysavingexpert.com/discussion/comment/80511826/#Comment_80511826

https://forums.moneysavingexpert.com/discussion/comment/80511533/#Comment_80511533

https://forums.moneysavingexpert.com/discussion/comment/80719312/#Comment_80719312

https://forums.moneysavingexpert.com/discussion/6513559/smart-parking-notice-and-debt-recovery-plus

https://forums.moneysavingexpert.com/discussion/6506021/smart-parking-and-debt-recovery-plus

https://forums.moneysavingexpert.com/discussion/comment/80514282/#Comment_80514282

https://forums.moneysavingexpert.com/discussion/6489447/smart-parking-ltd/p1

https://forums.moneysavingexpert.com/discussion/6525173/smart-parking-penalty-error-and-now-debt-collector-letter

I suspect this might be DR Plus causing it.  Smart have blamed DR Plus before. I suspect they do the back office appeals for Smart and just deliberately or negligently, they (or Smart) drop the ball in a lot of cases and overlook appeals.

Smart Parking had a similar 'problem' once before, and had to admit it to the BPA.

Coupon-mad

anonuser23

and 

LithT

Short notice but please do this survey now (and then a short & friendly video call next week) to tell the Government's consultancy outsourced firm your experience of 'appealing' and being told 'we sent you a rejection letter' (but you didn't get it...no proof they ever emailed it, and given we've seen 20 or so cases like yours we think they never sent the POPLA Code at all.

Please earn yourself £60 and help regulate the parking industry.  This is an official thing and MSE Towers has agreed I can share it...

https://forums.moneysavingexpert.com/discussion/6528490/official-dluhc-paid-research-have-you-ever-appealed-a-parking-charge-notice#latest

URGENT

Please earn £60 and help us push the regulation of the parking industry and new appeals service over the line.

There should be appeal (ADR) available at ALL stages to keep cases out of court.

And proof of actual date of posting or emailing rejection letters.