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Messages - ShropDistill30

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1
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: June 10, 2025, 09:37:25 am »
A succesful appeal which upholds the point made in Reply #1 above back in February.

Smart’s usual rubbish about complying with PoFA by “issuing” the PCN within 14 days bites the dust again. But I bet they’ll carry on using it.

Absolutely! Im sure they will - and without the advice and guidance from you all it wouldn't have been appealed, like many others I suspect as most of us just take it for what is says in the letter

Massive thank you for your time and expertise!

2
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: June 10, 2025, 09:25:06 am »
Morning  all

We have this morning received the attached decision from POPLA in regards to 'our' appeal........

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3
We could do with seeing this attachment you mention.

That sounds a lot like a convenient excuse by Smart, and BPA's response does not at all deal with the fact that Smart repeatedly and explicitly stated that issuing a notice within 14 days was sufficient for compliance.

Here is a screen shot of what they have sent - It is not an attachment - I can't open it or zoom in. Its terrible

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@ShropDistill30 - I realise you almost certainly won't have heard back on your POPLA appeal yet, but has there been any response from the BPA about your complaint?

We're seeing an increasing number of Smart Parking cases similar to yours cropping up.

Correct - we are still waiting for the response on the POPLA appeal. last notification from them was 31st March informing a 6-8 weeks for a decision.

I received an email from the BPA on 12th May 2025 confirming they have opened an investigation in relation to our company and have approached Smart Parking for comments - they will be back in touch with an update.

Just by way of an update - I have received an email from BPA: the attachment provided I can not open nor attached here but is a very blurred screen shot from Smart Parking showing the 14th February and noting the comment below that Smart Parking printed and posted on 17th February when there actual date of issue on their own printed letter is 19th February ????

Do I repsond to BPA ?

Dear The Shropshire Distillery,

Thank you for your patience while I approached Smart Parking Ltd for further information.

It might be helpful if I begin by explaining that our role as an Accredited Trade Association is to investigate alleged breaches of the Code of Practice by members of our Approved Operator Scheme. Please appreciate that our remit does not extend to compelling operators to cancel charges or becoming involved in the appeals process.

Smart Parking Ltd has responded to advise that a Parking Charge was issued due to the vehicle remaining on site for 1 hour and 34 minutes at OK Diner Oswestry which is customer parking only and tablet validation required.

An appeal was received 25/02/2025 and Smart Parking responded requesting additional evidence of the driver 06/03/2025. As the additional information was not received the appeal was rejected in the registered keepers name.

Smart Parking advised that they allow 'services days' and upon further investigation the 'services days' were added into the issue date, the Parking Charge was printed and posted on 17th February 2025 meaning it would be in accordance with PoFA. We requested proof that this is the case and they provided the below from the printing service, we have ensured that this is not reflected on the date on the Parking Charge again as this causes confusion.



The complaint response was not acknowledged correctly and therefore the operator was not provided with a further 28 days, Smart Parking have implemented additional training and refresher training to ensure that complaints are responded to fully and in the correct timeframe.

Smart Parking advised that the Parking Charge appeal is currently with POPLA, we must allow POPLA to review all the evidence and provide a response before we are able to comment on the validity of the charge. 

Thank you for bringing this to our attention and helping us to raise standards within the private parking profession.

I have now closed this investigation.

Kind regards

5
Thanks for the update - we're advising other posters in similar situations to you to also complain to Smart and then the BPA, so if you could let us know once you hear back from them that would be very much appreciated.

Yes absolutely! sad to hear this is happening more and more.

6
@ShropDistill30 - I realise you almost certainly won't have heard back on your POPLA appeal yet, but has there been any response from the BPA about your complaint?

We're seeing an increasing number of Smart Parking cases similar to yours cropping up.

Correct - we are still waiting for the response on the POPLA appeal. last notification from them was 31st March informing a 6-8 weeks for a decision.

I received an email from the BPA on 12th May 2025 confirming they have opened an investigation in relation to our company and have approached Smart Parking for comments - they will be back in touch with an update.




7
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: April 02, 2025, 02:57:54 pm »
ok thanks

8
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: April 02, 2025, 10:12:58 am »
in terms of the BPA complaint letter - I am just updaloding this now, I just wanted to check:

Primary Complaint Subject: image of options attached my thought is 'timelines outlined in code not adhered to' but wanted to double check for accuracy if thats ok ?

Thanks in advance

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9
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: March 31, 2025, 10:04:15 am »
I haven’t sent to BPa as yet - it is on my list to do today  will confirm once sent.

10
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: March 31, 2025, 08:52:59 am »
Thank you for the draft comments - I have submitted these and will update when POPLA given their appeal decision, they have advised this will be 6-8 weeks.

Thank you again for your time, assistance and advice!

11
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: March 28, 2025, 02:48:01 pm »
DOn't attach the documents as PDF that we are required to download. Just use DropBox or Google Drive to host the documents and then we can review them and provide advice.

Noted - thank you

12
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: March 28, 2025, 02:29:12 pm »
redacted copy of document 2 attached - their copy has the original Parking notice - Ive removed as document too large to attach here

just to note I see they  have named me as appealing as the driver - the only emails my personal name appears is on the 2 emails sent for the complaint. all emails regarding the appeal and the appeal application where in the companies name. My personal name one appears on the emails dated 7th March and 25th March. Albeit redacted on these version - it is clear in the document

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13
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: March 28, 2025, 01:23:21 pm »
Further to the appeal to POPLA - Smart Parking seems to be more responsive at this point - they have already uploaded their 'evidence'.

POPLA have advise we have 7 days to comment.....

There are two documents they have uploaded - one is their explanation (there are many images of their signage etc which I haven't included int he attachment) and the second is the parking fine along with images and the emails we have sent along with their replies.....


ONE THING I DO NOTE IN THE EVIDENCE:

"Parking charge and any notes
The Parking Charge was issued to the driver for Unauthorised Parking. As the vehicle remained on site 94 minutes and the driver failed to display a valid permit the parking charge was incurred correctly.

Registered keeper details and liability trail
As of 14th February 2025, DVLA confirmed that "XXXXXXXX" was the registered keeper of the vehicle. "XXXXX" appealed as the driver on the date of contravention. "

The company name is incorrect and not in full int he original summary letter from Smart Parking - this maybe a petty statement from me

and the it states XXXXX appealed as the driver...... this is my personal name here ? I havent appealed as the driver.... ive appealed on behalf of the company ?

Are there any comments you would advise uploading to the POPLA appeal case ?

Thanks in advance


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14
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: March 27, 2025, 12:49:13 pm »
Thank you for the replies.

a BPA / DVLA complaint draft would be great - thank you.

If able to - should I upload the response as further evidence to support the POPLA appeal made yesterday ?


15
Private parking tickets / Re: Smart Parking Charge Advise for Appeal
« on: March 27, 2025, 10:47:39 am »
Just an update following the chase up  of the formal complaint - I have this morning received an email stating the below:

"
Good Morning,

Thank you for your email.

We can confirm that the above parking charge was issued under Protection of Freedoms Act 2012 (POFA 2012). The parking contravention occurred on 06.02.2025, the registered keeper details were received on 17.02.2025, 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.

We would like to confirm that as you have made an appeal with POPLA all the requested documentation will be uploaded to the online POPLA portal for you to be able to view in due course.
You will receive an email confirmation when you are able to review this information. "

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