Author Topic: Smart Parking Charge Advise for Appeal  (Read 2998 times)

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Re: Smart Parking Charge Advise for Appeal
« Reply #45 on: »
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

Re: Smart Parking Charge Advise for Appeal
« Reply #46 on: »
Draft Comments:

Quote
Smart Parking's response fails to adequately rebut the points made in our appeal. Much of their response is irrelevant to the points raised, and those sections that are relevant misrepresent both the law and the circumstances of this case.

1. Lack of PoFA Compliance: In their response, Smart Parking state: "The parking contravention occurred on 06/02/2025, the registered keeper details were received on 14/02/2025, after which the PC was promptly issued within the 14 days required under POFA 2012". When keeper details were received from the DVLA is irrelevant. Smart are also incorrect to say that PoFA requires a notice to be issued within 14 days. As already outlined in our appeal, PoFA requires a notice to be delivered within 14 days. The date of presumed delivery, as per 9(6) of PoFA, is 2 working days after the date of issue. As clearly seen in Smart Parking's own evidence, the PCN was issued on 19/02/2025, and is therefore presumed delivered 2 working days later. This means it was delivered on 21/02/2025, 15 days after the incident, and therefore not within the 14 days required by PoFA.

2. Registered keeper details and liability trail: In their response, Smart Parking state: "[NAME] appealed as the driver on the date of contravention". This is false, as proven by Smart Parking's own evidence pack. Page [PAGE NUMBER] of their evidence pack shows a copy of our appeal, the wording of which makes abundantly clear that the appeal is being done by [COMPANY NAME], the registered keeper. [NAME] was not the driver, and is not the appellant, instead acting for the company as a [DIRECTOR/EMPLOYEE], who are appealing as the registered keeper. It is clearly nonsense to suggest that [NAME] was the driver, as can be seen from the unambiguous wording of the appeal.

Rather than rebutting our appeal points, Smart Parking's evidence actually reinforces our arguments. It is clear that we, [COMPANY NAME] have no liability for this charge as the registered keeper of the vehicle, and accordingly we ask that our appeal is upheld.

Re: Smart Parking Charge Advise for Appeal
« Reply #47 on: »
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!

Re: Smart Parking Charge Advise for Appeal
« Reply #48 on: »
Don't be surprised if it takes longer than the indicated time frame, POPLA often have backlogs. Just keep checking the portal.

Have you sent the complaint from the previous page to the BPA? If not this is something you should do whilst waiting for the POPLA assessment.

Re: Smart Parking Charge Advise for Appeal
« Reply #49 on: »
I haven’t sent to BPa as yet - it is on my list to do today  will confirm once sent.
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Re: Smart Parking Charge Advise for Appeal
« Reply #50 on: »
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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Re: Smart Parking Charge Advise for Appeal
« Reply #51 on: »
Just select "Other".
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Smart Parking Charge Advise for Appeal
« Reply #52 on: »
ok thanks

Re: Smart Parking Charge Advise for Appeal
« Reply #53 on: »
@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.

Re: Smart Parking Charge Advise for Appeal
« Reply #54 on: »
@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.



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Re: Smart Parking Charge Advise for Appeal
« Reply #55 on: »
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.

Re: Smart Parking Charge Advise for Appeal
« Reply #56 on: »
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.
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Re: Smart Parking Charge Advise for Appeal
« Reply #57 on: »
@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

Re: Smart Parking Charge Advise for Appeal
« Reply #58 on: »
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.

Re: Smart Parking Charge Advise for Appeal
« Reply #59 on: »
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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« Last Edit: May 29, 2025, 04:14:37 pm by ShropDistill30 »