Smart parking/town and city parking ticket

HO87

Stroma wrote: »

No laws have changed in Scotland at all, and the law that has changed in England and Wales don't make these scam tickets any more enforceable that what they were previously. Ignore the parking company completely.

I think you have responded to this on the basis that POFA 2012 does not apply to Scotland, which is, of course, true.

However, as far as disabled parking enforcement is concerned the law has changed - in Scotland only - as a result of the Disabled Persons Parking Places (Scotland) Act 2009. As others have pointed out that the law has to be implemented on a site by site basis and is not universally applicable. It is safe to say that if the location in question is being "managed" by a PPC (there's an oxymoron if ever I saw one) then the DPPPA is not applicable. The DPPPA allows local authorities to enforce disabled parking on what would otherwise be private car parks.

Stroma

HO87 wrote: »

I think you have responded to this on the basis that POFA 2012 does not apply to Scotland, which is, of course, true.

However, as far as disabled parking enforcement is concerned the law has changed - in Scotland only - as a result of the Disabled Persons Parking Places (Scotland) Act 2009. As others have pointed out that the law has to be implemented on a site by site basis and is not universally applicable. It is safe to say that if the location in question is being "managed" by a PPC (there's an oxymoron if ever I saw one) then the DPPPA is not applicable. The DPPPA allows local authorities to enforce disabled parking on what would otherwise be private car parks.

I appreciate what you are saying, but a council will be enforcing it not a private parking company, so in essence no laws have changed that would make these tickets enforceable. Perhaps I should have been clear on that ?

Ceaser

I'm so glad I read this. Just been given a charge notice from Smart Parking TCP at Forth Valley hospital (Scotland)- was in a disabled bay - which we have a badge for but the badge was stuck on the bottom of the windscreen - so could see the blue badge but not the valid date (it was upside down). The ticket says 'you must show the date when showing your disabled badge'. To be honest we never even thought to check the badge was fully showing as were more concerned with getting to the appointment!

So going by the forums I can just ignore the notice?

Stroma

Yes you can

Clangdon92

I need some advice, I have received almost daily letters from town & city/smart parking for the past 2years. I work at the retail park that they control the car park for and because there is insufficient parking for employees a lot of us have to park in the customer car park which allows you 3 free hours, not the 9 that I'm parked there for 5 days a week! In the past I have appealed and have had varying results, mostly negative, because obviously they want me to pay, even though if I paid every ticket I had I would make £10 a day:(
It is becoming a very upsetting and worrying problem as I live with my parents as I'm 20 years old and they are afraid that debt collectors will come and it's their house. The letters dried up towards the end of last year but now since the company is "smart parking" they are back with a vengeance, I receive on average 6 letters a day, but yesterday I received 6 from "debt recovery plus ltd" scaring me with court action. So iv appealed again this morning but myself and my family are still very worried as to what will happen? When they were t&cp I worked out that the charges cancel themselves out after the whyte and co letters, but what about now? I would appreciate a reply because as I have said it is very upsetting to be getting all of these threatening letters daily:(

atilla

^^^^^^^^^
Have you spoke to your employer/shop manager?
In these instances it is usual for staff vehicles to be registered with the scammers and put on the 'white list'.
TCP/Smart have the facility to do this

Clangdon92

I have, a lot of people are in the same situation, there are designated spaces out the back for staff but as there aren't enough for everyone it's only managers who get passes. Iv asked t&cp about this before in letters but they never offer a real reply they only send a letter back to say that my appeal has been rejected

Thanks for the reply:)

Coupon-mad

Clangdon92 wrote: »

I have, a lot of people are in the same situation, there are designated spaces out the back for staff but as there aren't enough for everyone it's only managers who get passes. Iv asked t&cp about this before in letters but they never offer a real reply they only send a letter back to say that my appeal has been rejected

Thanks for the reply:)

You CANNOT appeal to Debt Recovery Plus, they are a debt collector. This is not at an 'appeal' stage so stop letting them walk over you.

They will write and tell you that 'your appeal is rejected' (standard rubbish) but then I'd recommend that you reply (NOT AN APPEAL!!) and tell them to cease and desist this harassment and return the files for all fake PCNs relating to that car reg, to the originating parking company immediately. State that you are not liable, are not appealing now but are telling them to STOP contacting you as the alleged debts are strictly denied and this level of harassment is making you minded to sue them for damages.

By the way, Debt Recovery Plus and their other name of Zenith just send letters, that's all, they do not/CANNOT come knocking on doors over fake PCNs! Stop responding to them once you have sent the 'cease and desist' letter - it should all stop.

If they do carry on writing after that, you can sue them for damages like in Ferguson -v- British Gas, and get monetary compensation. No need for a solicitor, just a bit of research needed and an online claim, the fees for which you can reclaim too along with interest.

atilla wrote: »

Have you spoken to your employer/shop manager?
In these instances it is usual for staff vehicles to be registered with the scammers and put on the 'white list'.
TCP/Smart have the facility to do this

This is the answer to stop further harassment and prevent future fake PCNs.

atilla

Clangdon92 wrote: »

I have, a lot of people are in the same situation, there are designated spaces out the back for staff but as there aren't enough for everyone it's only managers who get passes. Iv asked t&cp about this before in letters but they never offer a real reply they only send a letter back to say that my appeal has been rejected

Thanks for the reply:)

Ok,
Just write back - on the appeal web site - to 'not so smart' next time they send you a letter and tell them that;
Having given the matter careful consideration you have rejected their scurrilous appeal for monies and that any further continued harassment on their part must be supported with full copies of all documentation and fully compliant VAT invoices to support their claim or they will recieve the same reply.

atilla

Clangdon92 wrote: »

I have, a lot of people are in the same situation, there are designated spaces out the back for staff but as there aren't enough for everyone it's only managers who get passes. Iv asked t&cp about this before in letters but they never offer a real reply they only send a letter back to say that my appeal has been rejected

Thanks for the reply:)

I forgot to ask.
What exactly do the signs say - we know about the non compliance with companies act stuff, but you mentioned earlier about customer car park.