(Not so) Smart Parking now an IPC member

doubledotcom

Just in case it has not been mentioned elsewhere on the forum, (not so) Smart Parking have either been booted out or abandoned the BPA in favour of the IPC. Quite possibly because they were getting hammered at POPLA so often… who knows?

However, this has posed a question where they issued a PCN as an NtK whilst still a BPA member with all the usual references to POPLA. The PCN was appealed and the rejection letter is with the new IPC logo and no offer of POPLA.

The NtK is a contractual document and they have not complied with that contractual element. Anyone care to suggest the legality of this situation?

Gr1pr

From previous posts on here and elsewhere,  I believe that if they issued the PCN under the BPA umbrella as an aos member, so before the transition date,  they have to issue a popla code , as written in the NTK PCN letter 

If they issue pcns after the transition date under the IPC AOS banner,  then clearly its an IAS matter,  as will be mentioned on the pcn

As with any case of contractual transfer,  there will be cases that overlap the transition date 

IMHO a complaint about the lack of a popla code should bear fruit, if it was listed as an option on the pcn, via a complaint to Smart Parking and possibly to the BPA AOS compliance team 

That transition date is also important 

kryten3000

That’s not what we have already seen. There is a poster here with several notices all issued with BPA logos but Smart are refusing to provide access to POPLA. 

This appears to be a stealth or last-minute decision so I would expect that they will have changed none of their signage.

it might explain a bit why their Parkex stand was mostly empty, given the cold shoulder by the BPA. 

Fruitcake

Interesting. I wonder if I will now get a response from PoPLA about an appeal I made against a Smart PCN about 3-4 weeks ago.

Coupon-mad

Fruitcake said:

Interesting. I wonder if I will now get a response from PoPLA about an appeal I made against a Smart PCN about 3-4 weeks ago.

A POPLA Appeal already in will be completed by POPLA (and existing recent POPLA Codes 'should' work) but no new cases will now be able to use POPLA.

doubledotcom

So, are (not so) Smart Parking obliged to provide a POPLA code or not is the PCN was issued as a postal NtK whilst they were still BPA members and stated that POPLA would be the option for secondary appeal?

Any thoughts on the legalities of this dilemma?

Coupon-mad

No they aren't. This is hardly new!

Many PPCs have jumped ship ever since the IPC appeared on the scene and the POPLA door has always immediately been closed.

Pretty sure from memory that in date POPLA Codes still worked. No new ones will be given out so it is pointless asking.

Car1980

Anyone know if membership is cheaper with the BPA or IPC? Or if they charge you less for victims using the appeals services?

What's the incentive NOT to go over to the IPC when they find all cases in favour of the parking co?

kryten3000

Car1980 said:

Anyone know if membership is cheaper with the BPA or IPC? Or if they charge you less for victims using the appeals services?

What's the incentive NOT to go over to the IPC when they find all cases in favour of the parking co?

My understanding is that the IPC is slightly cheaper but the real attraction must be the 95% guaranteed win IAS with no proper statistical reporting.

I predict a merger at some point.

doubledotcom

kryten3000 said:

My understanding is that the IPC is slightly cheaper but the real attraction must be the 95% guaranteed win IAS with no proper statistical reporting.

They even advertise their rotten appeal success rate as a selling point:



Although I'd dispute their claim that they use "Solicitor/Barrister" adjudicators. They adjudicate anonymously which raises the question about the truthfulness of their claims.

Half_way

Who/what has given them ADR accreditation, and can it be removed?