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PCN received in Scoltand but RK in England
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supertaff
Posts: 6 Forumite
Please forgive me if I am repeating any previous threads but I have not been able to find a satisfactory up to date answer for my specific circumstances.
I received a PCN from Smart Parking regarding an "event" at the Kinnoull Street car park in Perth, Scotland. We overstayed by 13 minutes and they are asking for £60/£100.
I have read many other threads regarding PCNs in Scotland and that the best thing is to ignore them but I live in England and the letter has come from an address in Birmingham, although Smart Parking registered office is in Perth. Would the same advice apply in my situation? I have not contacted them in any way and although I am the RK I was not the driver on this occasion. We read the sign which said that the parking fee could be paid at any time during the length of the stay. We decided to pay when we left and expected the machine to tell us what fee we should be paying. It did not. As we had not made a note of our entry time we paid for 2 hours which we thought would be sufficient - it was just under!
Should we ignore or do we have to pay given that the letter came from an English address?
Any advice would be greatly appreciated as we do not want to end up in court!
I received a PCN from Smart Parking regarding an "event" at the Kinnoull Street car park in Perth, Scotland. We overstayed by 13 minutes and they are asking for £60/£100.
I have read many other threads regarding PCNs in Scotland and that the best thing is to ignore them but I live in England and the letter has come from an address in Birmingham, although Smart Parking registered office is in Perth. Would the same advice apply in my situation? I have not contacted them in any way and although I am the RK I was not the driver on this occasion. We read the sign which said that the parking fee could be paid at any time during the length of the stay. We decided to pay when we left and expected the machine to tell us what fee we should be paying. It did not. As we had not made a note of our entry time we paid for 2 hours which we thought would be sufficient - it was just under!
Should we ignore or do we have to pay given that the letter came from an English address?
Any advice would be greatly appreciated as we do not want to end up in court!
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Comments
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Ignore. Scots law applies. Your location is irrelevant if they do not know who the driver was - and even then there is the jurisdiction issue.0
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Does the Smart letter indicate they are pursuing you as the keeper under the auspices of the Protection of Freedoms Act 2012?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Thank you. Come to think of it we actually paid £2.00 - the charge was £1.80 for 2 hours so logically we should have covered the extra 13 minutes!!0
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The letter states "If you were not the driver of the vehicle and wish to provide the driver's details ..." so I presume they are pursuing me as the Registered Keeper.0
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Thank you. Come to think of it we actually paid £2.00 - the charge was £1.80 for 2 hours so logically we should have covered the extra 13 minutes!!
Logic never works in the Wild West world of private parking. Not an avenue for you to pursue as you're going to ignore everything now other than real court papers (which will hit the 'out of jurisdiction' issue as per IamEmanresu's post).Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
They do not mention anything about the Protection of Freedoms Act 20120
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The letter states "If you were not the driver of the vehicle and wish to provide the driver's details ..." so I presume they are pursuing me as the Registered Keeper.
Does it mention PoFA 2012?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
No mention of PoFA 2012.0
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No mention of PoFA 2012.
OK - thanks for confirmation. In which case they cannot pursue the keeper, only the driver - and if they don't know who the driver was (and only the keeper can tell them that) they're peeing in the wind!
You will get debt collector letters - but these can be safely ignored. Come back if they're insane enough to issue (out of jurisdiction) court papers.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Thank you for your advice. I will ignore as you suggest. Thanks also for the offer of further assistance if they issue court papers. Hopefully it won't get that far!0
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