Smart Parking - Major Keying Errors - Appeal no response // Debt Recovery Plus

devonbay1234

Hi All,

First of all, apologies for creating a new post. I have tried to read as much as possible on this forum and have tried to digest the extremely detailed **newbies post (which has been helpful). I understand creating a new thread of something that may have been discussed in the past is frustrating but i am concerned about my case and would like the opinions from the sages of this forum.

Here is my short story (and timeline)

Parking Location - Haven Banks Retail Park - Exeter
PPC - Smart Parking

1) 14/01/24
Parked my car, purchased a ticket (via Ringo - i have digital receipts)

2) 31/01/24
Received a PCN from Smart Parking Ltd stating i didn't purchase a ticket (£90 or £54 if i paid within 14 days). I then checked my email for the digital receipt, because i know i paid that day (i always pay !?!). I saw i had entered my wife's number plate by mistake. I then googled this type of situation and found a statement on the BPA website stating a code change as of Jan 2018 ("MSE Forum wouldn't let me post the link"). "17.4 B - Major Keying Errors", where i would pay no more then £20 for the mistake.

3) 14/02/24
I appealed the PCN on the Smart Parking website and received an email of acknowledgment stating all action has been suspended pending adjudication. They would respond within 35 days. (which would be 20/03/2024). I didnt bother to chase as i thought they were dealing with a backlog and would hear from them (and in the mean time as the PCN was suspended nothing bad would happen.

4) 24/04/24
I received a letter from Deb Recovery Plus (DRB) demanding payment of £160 or they would start legal proceedings.

5) 29/04/24 (Today)
After reading through this forum again and trying to follow the correct procedure, have now filled out the complaint form on the BPA website attaching the original PCN, appeal acknowledgment & DBS letter explaining Smart Parking have not replied to my appeal within 35 days. I have to now wait upto 28 days for BPA to respond.


My concerns.

I regret not reading the whole thread from day 1 and i should have sent a complaint to the land owner, but stupid me thought i would try to be honest go down the 'Major Keying Error' route and was happy to pay £20 for my carelessness.

I was actually struggling to find the letter template to the land owner but it probably too late to do that now right?

Are you able to offer me any advice on what i should do from here. The DRP letter isn't pleasant, and it has caused me worry. I did think if i just paid it, my stress would go away, but after reading multiple posts on this forum i have decided not to as it is just scaremongering me.

What if they take me to court? I really don't want it to get that far.

Thanks in advance.

Gr1pr

Take no notice of the drp letter, they cannot do anything 

The BPA require you to complain first to the parking company first by using the complaint link on the BPA AOS member list, so was it that complaint you sent, or did you complain to the BPA first. ? Hopefully you are doing the complaints in the correct order

You are a long way from any court claim 

Hopefully your complaint to Smart parking will get a result, even if it's the £20 keying error option, which it should have been 

Coupon-mad

There isn't a template for a landowner complaint for very good reasons (how awful would a template be if they'd seen it before...).

Do it now and from the heart.  Never too late.

29/04/24 (Today)
After reading through this forum again and trying to follow the correct procedure, have now filled out the complaint form on the BPA website attaching the original PCN, appeal acknowledgment & DBS letter explaining Smart Parking have not replied to my appeal within 35 days. I have to now wait up to 28 days for BPA to respond. 

Good.  That might see it cancelled.

But I expect you've also realised now, that you could have appealed as keeper and not said who was driving, and paid nothing at all because Smart Parking don't use POFA wording and can't hold registered keepers liable.  Next time!

devonbay1234

Gr1pr said:

Take no notice of the drp letter, they cannot do anything 

The BPA require you to complain first to the parking company first by using the complaint link on the BPA AOS member list, so was it that complaint you sent, or did you complain to the BPA first. ? Hopefully you are doing the complaints in the correct order

You are a long way from any court claim 

Hopefully your complaint to Smart parking will get a result, even if it's the £20 keying error option, which it should have been 

After looking on the BPA website i still don't know if i logged the correct complaint. I think i did, as i had to name Smart parking specifically and had to add my PCN ref.

It states on the BPA website

• In the first instance you must complain directly to the member.

• If this does not resolve your complaint and if you still believe there has been a breach to our Code of Practice contact us quickly by using our AOS enquiry/complaint form. You will be required to upload evidence of your complaint outcome. 

• To check on an enquiry/complaint you have submitted use this form to look up the status with your email and case reference number.

• View a list of BPA Approved Operator Scheme members and read more about the Scheme and Code of Practice here

I followed the 2nd bullet as i didnt see how to complain directly to Smart parking.

should i now email address i complaints[at]smartparking[dot]com asking why i have had no response from my appeal and state i have complained to BPA?

Sorry this seems like i have done this in the wrong order and made a mess of it

devonbay1234

Coupon-mad said:

There isn't a template for a landowner complaint for very good reasons (how awful would a template be if they'd seen it before...).

Do it now and from the heart.  Never too late.

29/04/24 (Today)
After reading through this forum again and trying to follow the correct procedure, have now filled out the complaint form on the BPA website attaching the original PCN, appeal acknowledgment & DBS letter explaining Smart Parking have not replied to my appeal within 35 days. I have to now wait up to 28 days for BPA to respond. 

Good.  That might see it cancelled.

But I expect you've also realised now, that you could have appealed as keeper and not said who was driving, and paid nothing at all because Smart Parking don't use POFA wording and can't hold registered keepers liable.  Next time!

Thanks for your reply. I will send the landowner an email this afternoon. 

Yes i am now aware i could have avoided this additional hassle and just done this in the first place. As you say, next time! (highsight!)

Gr1pr

Look at the list of members, the BPA AOS member list, scroll down to Smart parking and on the right is the complaint link for Smart parking, you complain to them first, as that first line you copied tells you 

In the first instance you must complain directly to the member.

So yes do that complaint to Smart parking ASAP 

The BPA may tell you to do so and may put your BPA complaint on hold pending the reply from Smart parking 

devonbay1234

Gr1pr said:

Look at the list of members, the BPA AOS member list, scroll down to Smart parking and on the right is the complaint link for Smart parking, you complain to them first, as that first line you copied tells you 

In the first instance you must complain directly to the member.

So yes do that complaint to Smart parking ASAP 

The BPA may tell you to do so and may put your BPA complaint on hold pending the reply from Smart parking 

OK, thanks yes, this is the same email address i just found in the previous post. I will email them today!

on a separate note, I am having trouble finding the landowner contact details. i am probably being stupid.

Umkomaas

devonbay1234 said:

Gr1pr said:

Look at the list of members, the BPA AOS member list, scroll down to Smart parking and on the right is the complaint link for Smart parking, you complain to them first, as that first line you copied tells you 

In the first instance you must complain directly to the member.

So yes do that complaint to Smart parking ASAP 

The BPA may tell you to do so and may put your BPA complaint on hold pending the reply from Smart parking 

OK, thanks yes, this is the same email address i just found in the previous post. I will email them today!

on a separate note, I am having trouble finding the landowner contact details. i am probably being stupid.

I post this advice from time to time:

SOME IDEAS FOR DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Gr1pr

Read the advice in this thread , copied from the Umkomaas advice I believe 

https://forums.moneysavingexpert.com/discussion/6337652/how-to-find-details-of-landowner

Its possible that Savills are the retail park management company 

Aviva Investors and Welbeck CP have been mentioned in a Google search, plus information in this link too

https://completelyretail.co.uk/scheme/haven-banks-retail-park-exeter-2545

Coupon-mad

should i now email address i complaints[at]smartparking[dot]com asking why i have had no response from my appeal and state i have complained to BPA?

Yes.  That way, if & when the BPA come back saying you "haven't exhausted the first complaint" you can just complain again to the BPA, once fobbed off by Smart.

It will be cancelled.

For the future:

Sooo much easier to have just appealed as keeper though, telling them exactly what to do with their non-POFA NTK!

devonbay1234

Umkomaas said:

devonbay1234 said:

Gr1pr said:

Look at the list of members, the BPA AOS member list, scroll down to Smart parking and on the right is the complaint link for Smart parking, you complain to them first, as that first line you copied tells you 

In the first instance you must complain directly to the member.

So yes do that complaint to Smart parking ASAP 

The BPA may tell you to do so and may put your BPA complaint on hold pending the reply from Smart parking 

OK, thanks yes, this is the same email address i just found in the previous post. I will email them today!

on a separate note, I am having trouble finding the landowner contact details. i am probably being stupid.

I post this advice from time to time:

SOME IDEAS FOR DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Here is the signage. It says car park is private property and managed by Smart Parking Ltd.




I'l try some more googling, but the there are hardly any retailers at this car park now, just an old bowling alley where no one will know (or tell me if i ask)... I'll check the other things you mentioned. If i can find out and post it, it might help someone else in Exeter.