Still waiting for FOI response. As for the legality of not offering a POPLA code whilst their contractual paperwork (the NtK) says they must, is going to be a bit of a challenge. However, there is nothing to stop you sending (not so) Smart a formal complaint about not being offered a POPLA code.
They will just try and twist it into a point that they are offering you a chance to win the fixed lottery that is the IAS, so you are not being deprived of an "independent" appeals service (ha!).
Once I receive the FOI information we'll have slightly better understanding of where they stand. However, as already pointed out, it just means that this will move on to a court claim which has zero chance of succeeding and will eventually be struck out or discontinued anyway. Whilst it prolongs the process, be satisfied in the knowledge that it will cost them more in the long run than it will ever cost you.
I would even suggest making a futile IAS appeal anyway, just so as it costs them even more! It will cost them £15 if they win the IAS appeal or £25 in the excruciatingly remote chance they lose. Of course they can just concede at that point and it will cost them £0. Just remember, you are dealing with (
not so) Smart!
This has given me the impetus to create a bog standard template for all IAS appeals, just to frustrate all IPC operators and cost them a bit more money than if we simply ignore the IAS.
