Discussion about smartparking converting from BPA to IAS.
All my recent invoices from smartparking all had the BPA logo on the ntk yet today I wake up to emails from smartparking rejecting my appeal (even though it will 100% be cancelled as they still fail to adhere to pofa2012 after trying to “rebrand”) with no popla code. I look around the email and see the IPC logo aint smart parking stating i can appeal to IAS if i wish to do so.
Yet all their land signage and ntk still plastered with bpa. Interesting
We noticed it here a few weeks ago.
Not sure what it means if you get a PCN festooned with the BPA logo but when your appeal is rejected you get offered the IPC.
They are a company of colossal fibbers and presumably didn’t like POPLA calling out their untruths, and imagine that the IPC will not do the same.
b789 is on it - FOI requests to get exact date of changeover, any gaps etc...
I note the CoP states:
3.1.2 The entrance sign must display:
d) the logo of the ATA to which the parking operator belongs;
...although they will have thousands of signs - I believe there will be a grace period for transition (although I can't find any defined period).
In my opinion, POPLA must be offered for charges issued when they were BPA members. Reports of paperwork explicitly mentioning POPLA but denied in favour of IAS.
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.
