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Smart Parking appeal refused ---(didn't reveal the driver's name in the appeal letter)

I have read the newbie section before I sent the appeal letter. The charge notice dated on the 6th March 25, arrived on the 11th March 25, Sent appeal on the 13th March 25. 

I sent the appeal like this: ( it is from the forum)

This is an appeal by the registered keeper-No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow form the driver to the keeper and thus is an auto win at POPLA. Please there fore cancel the notice or issue a POPLA code where you will auto withdraw. 


Today I received the email from Smart Parking

Thank you for your recent communication received.
We can confirm that the above parking charge was issued under Protection of Freedoms Act 2012 (POFA 2012). The parking contravention occurred on 23/02/2025, the registered keeper details were received on 03/03/2025, after which the PC was promptly issued within the 14 days required under POFA 2012. If you were not the driver at the time of the parking event, please provide us with the driver’s full name and current postal address using the contact details below. In the event that you fail to provide these details, we will use the provisions under POFA, 2012, and continue to pursue you the registered keeper, for the outstanding balance.

Please send the details requested above via email to:
appeals@smartparking.com

Or alternatively please post to:
Smart Parking Ltd
Unit 43 Elmdon Trading Estate
Bickenhill Lane
Marston Green
Birmingham
B37 7HE.

In the event that you fail to provide these details, we will use the provisions under POFA, 2012, and continue to pursue you the registered keeper, for the outstanding balance.
Meanwhile we have extended the current charge period until 07/04/2025 to allow sufficient time for this information to be received.
Yours sincerely,
Smart Parking Limited

Any advice for next step please? I have noticed that they have failed to give me the 
POPLA code  in the letter. 

Millions of thanks in advance. 
«1

Comments

  • Umkomaas
    Umkomaas Posts: 44,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ignore the letter, then they'll send you a rejection and POPLA verification code. You then you use the single sentence one-liner as your POPLA appeal, upon which Smart Parking will withdraw the charge. Easy!

    https://forums.moneysavingexpert.com/discussion/comment/81353451#Comment_81353451?utm_source=community-search&utm_medium=organic-search&utm_term=smart+parking+popla
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Thank you so much for your reply. It is really appreciated. 

    Do I need to email them to ask for POPLA code? They haven't cancelled the notice, but also didn't give me the POPLA code. I am worried if I leave it and pass 28 days they will pass me to debt collector. 


  • Gr1pr
    Gr1pr Posts: 13,991 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    If they did, you would complain about the lack of a decision,  lack of a rejection and popla code,  or a cancellation 

    No need to ask for anything at this waiting stage 
  • Ralph-y
    Ralph-y Posts: 4,820 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    " I am worried if I leave it and pass 28 days they will pass me to debt collector. "

    that sounds like a 'one liner' form the friday night comedy club   :D

  • Gr1pr said:
    If they did, you would complain about the lack of a decision,  lack of a rejection and popla code,  or a cancellation 

    No need to ask for anything at this waiting stage 
    Gr1pr said:
    If they did, you would complain about the lack of a decision,  lack of a rejection and popla code,  or a cancellation 

    No need to ask for anything at this waiting stage 
    Thank you very much  for your advice.

    How long is the sensible waiting time before them sending the rejection? 
  • Ralph-y said:
    " I am worried if I leave it and pass 28 days they will pass me to debt collector. "

    that sounds like a 'one liner' form the friday night comedy club   :D

    Sorry my English is not very good. But really appreciate advice and support in this forum

  • Umkomaas said:
    Ignore the letter, then they'll send you a rejection and POPLA verification code. You then you use the single sentence one-liner as your POPLA appeal, upon which Smart Parking will withdraw the charge. Easy!

    https://forums.moneysavingexpert.com/discussion/comment/81353451#Comment_81353451?utm_source=community-search&utm_medium=organic-search&utm_term=smart+parking+popla
    How long does it usually take them to issue rejection and POPLA code please? I really appreciate your guidance 
  • Gr1pr
    Gr1pr Posts: 13,991 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    edited 20 March 2025 at 7:41PM
    Its supposed to be up to 35 days , but their response gives a deadline of 7th April,  so expect something by then, or by the 14th

    Passing it to powerless debt collectors is irrelevant,  no need to worry seeing as they cannot do anything except send scary inept letters 

  • ChirpyChicken
    ChirpyChicken Posts: 3,167 Forumite
    1,000 Posts First Anniversary Name Dropper Photogenic
    Just wait for a formal rejection then use the one liner
  • Just wait for a formal rejection then use the one lin
    Thank you so much for your reply. I can sleep a bit tonight now. 
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