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Smart Parking Ltd. PCN - non response to appeal with debt recovery hassles

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  • Smart Parking Ltd. PCN - non response to appeal with debt recovery hassles

    Hi!

    I received a PCN from Smart Parking Ltd. via post on 01/08/2024, which exceeded the 14-day period from the date of supposed offence (09/07/2024). I followed guidance on various forums and appealed on 05/08/2024, not really expecting much but wanted to give it a shot. I thankfully have the email acknowledgement of my appeal dated 07/08/2024.I never received a response to my appeal but instead received a hiked up charge from Debt Recovery Plus Ltd. on 24/09/2024. Obviously, I know now that this violates the BPA Code of Practice as they are supposed to suspend any action pending adjudication. I appealed again on 02/10/2024 and received acknowledgement of appeal via email on 04/10/2024. Once again, I received no response but another threatening letter from Debt Recovery Plus. I called DRP and they were extremely rude and claimed I have to take it up with my email provider. They asked me to forward the acknowledgement of appeal and said they would send proof of response. But I know for a fact I received no email and I am certain it's not a problem with my email provider.

    I want to complain to BPA but I have to show proof of complaining to Smart Parking Ltd. first which I did today via email. They responded, but not addressing the main claim in my complaint which is non response to my original appeal and forwarding my case to DRP in violation of section 23.6 of the BPA Code of Practice. Instead, they said I should have filed the appeal within 28 days of receiving the PCN (which I did) and asked me to contact DRP. I refuse to engage with DRP because they were involved before I received even a single response to my appeal. I have replied and said this, but I expect nothing from Smart Parking. I will now file a complaint with BPA but I was hoping if anyone knew of a better approach - I might have sucked it up and paid the original discounted penalty of £60 but I absolutely refuse to pay the £170 because they have absolutely violated the code of practice. Thanks in advance for any advice!
    Tags: None

  • #2
    why on earth did you think that appealing to any parties involved in the private parking "industry" would ever produce a result for you?
    You say you have read the forums, so must know that very rarely do they give up their pursuit of money.

    Smart Parking aren't the smartest of operators.
    If I was in your shoes I would stop trying and await the inevitable court claim.
    Trust you haven't identified the driver in your communications with any of them

    Comment


    • #3
      I read a lot of posts across many different forums where the advice was to appeal! With many appeals overturning PCNs so I guess I made a mistake.
      I'd rather avoid the inevitable court claim so if you believe that is what will happen here I think I'm going to end up paying.

      I did not identify the driver in my first appeal and said they were in violation of the protection of freedoms act as I received the PCN outside the 14 day window.

      Comment


      • #4
        If you told them that it will actually depend on the issue date as to whether or not it was outside the 14 day window

        If you are correct, then you really have no reason not to go to court as they cannot transfer liability for unpaid charges from driver to keeper.
        Smart will push all the way and even initiate court action before discontinuing at the last minute.
        This puts a lot of pressure on people (who naturally wish to avoid court, even if they have a good defence) to give in and pay up.

        Comment


        • #5
          They did not mention the Protection of Freedoms Act in their original PCN so does that affect the rule about not being able to transfer liability from driver to keeper when issued outside the 14 day window? Thanks for your advice so far!

          Comment


          • #6
            The fact they did not mention POFA 2012 does not mean the statute does not apply.

            The theory is the driver contracts with the parking company to park.
            In the UK only those parties to a contract can sue or be sued if the contract is breached.
            This means the parking company must be able to identify the driver to sue him
            This led to the position where parking companies were unable to obtain redress, so the law in relation to parking charges was changed.
            It is now possible for the keeper to be pursued if charges remain unpaid, but to do that the parking company must comply with the conditions related in POFA2012.
            Those conditions apply whether or not the parking company refers to them

            Comment


            • #7
              Thanks for your reply. I went on a complaint filing spree (one to Smart Parking, one to Debt Recovery Plus and one to BPA). Smart Parking have finally replied after first trying to wash their hands off it -

              Good Morning,
              Thank you for your email
              Complaint Ref: [redacted]
              We have taken note in the comments raised and offer the following response in reference to your complaint.
              After investigation, we can see that an appeal was received on 05/08/2024. This has been looked into by our appeals team and an appeal response was generated to notify of the parking charge notice's cancellation however due to a technical error this was not sent, this has been raised to our technical team.
              Therefore we can confirm that the parking charge notice has been cancelled, and no further action is required.
              We must inform you that you have the right to escalate your complaint further with our Accredited Trade Association. They can be contacted at https://www.britishparking.co.uk/Contact-Us-Public
              Please note, you will need to upload a copy of your final complaint outcome from Smart Parking Limited, as part of your evidence submission. Any complaints escalated to the BPA’s AOS will not be considered without a copy of your outcome.
              We do not believe that there is any further action required from your complaint and therefore we now consider this complaint closed.
              You have now reached the end of our internal complaint’s procedure.


              I've forwarded this to DRP and asked both DRP and Smart Parking to confirm they're closing this case and deleting my personal data. I will leave the complaint open with BPA until I receive this confirmation.
              Last edited by sr1902; 30th October 2024, 12:17:PM.

              Comment


              • #8
                Thanks for your reply. I went on a complaint filing spree (one to Smart Parking, one to Debt Recovery Plus and one to BPA). Smart Parking have finally replied after first trying to wash their hands off it -

                Good Morning,
                Thank you for your email
                Complaint Ref: [redacted]
                We have taken note in the comments raised and offer the following response in reference to your complaint.
                After investigation, we can see that an appeal was received on 05/08/2024. This has been looked into by our appeals team and an appeal response was generated to notify of the parking charge notice's cancellation however due to a technical error this was not sent, this has been raised to our technical team.
                Therefore we can confirm that the parking charge notice has been cancelled, and no further action is required.
                We must inform you that you have the right to escalate your complaint further with our Accredited Trade Association. They can be contacted at https://www.britishparking.co.uk/Contact-Us-Public
                Please note, you will need to upload a copy of your final complaint outcome from Smart Parking Limited, as part of your evidence submission. Any complaints escalated to the BPA’s AOS will not be considered without a copy of your outcome.
                We do not believe that there is any further action required from your complaint and therefore we now consider this complaint closed.
                You have now reached the end of our internal complaint’s procedure.


                I've forwarded this to DRP and asked both DRP and Smart Parking to confirm they're closing this case and deleting my personal data. I will leave the complaint open with BPA until I receive this confirmation.

                Comment


                • #9
                  Congratulations, well done and thanks for the update
                  you have outsmarted not so Smart Parking

                  Comment

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