Threatening letter from Smart Parking Ltd (Pic of letter included)

Allan266

I've just received a letter from Smart Parking Ltd relating to a Parking Charge Notice they claim to have issued on my vehicle at a shopping retail park in Glasgow called Glasgow Fort. (See below for links to the actual letter.) It related back to the beginning of December.

While I am the registered keeper of the car, I didn't receive the PCN and no one else who has used my car (family, friends and work colleagues) has mentioned anything about the fine to me.

Now I've spent the morning researching all the posts on this forum from the likes of Coupon_Mad, Crabman and Stroma etc. (my goodness are you guys helpful/knowledgable!) and I'm still unclear what I should do.

Some of my thoughts/questions:

• As far as I understand it, Glasgow Fort is free parking, so I'm guessing this must relate to a parking in a disabled bay or outside the lines etc.
  
• This video, linked to from one of the stickies, seems to say in Scotland I can ignore it completely as they can only pursue the driver and not the registered keeper. http://www.youtube.com/watch?v=XAIcdi9niHA Is this correct?
  
• One of the comments below that video states: "Scotland they doesn't have trespass there. They have to inform the registered keeper upto 28 days at the latest to be able to pursue the registered keeper. After that they are back to the driver as before." Now the claimed date of the PCN is more than 28 days after the date on the letter and even longer after the letter was received by me, the registered keeper, so what does this mean?
  
• Is it legal for the DVLA to release my details to Smart Parking, as is outlined in the letter?
  
• Can they actually pass this over to a debt collector and if so what will happen then?
  
• Am I liable for court action?

Thanks in advance for any advise MSEers are able to offer :-)

Pics of letter:
Front - http://imgur.com/kEF4e3b
Back - http://imgur.com/2gWI7nb

SevenTowers

Allan266 wrote: »

I've just received a letter from Smart Parking Ltd relating to a Parking Charge Notice they claim to have issued on my vehicle at a shopping retail park in Glasgow called Glasgow Fort. (See below for links to the actual letter.) It related back to the beginning of December.

While I am the registered keeper of the car, I didn't receive the PCN and no one else who has used my car (family, friends and work colleagues) has mentioned anything about the fine to me.

Now I've spent the morning researching all the posts on this forum from the likes of Coupon_Mad, Crabman and Stroma etc. (my goodness are you guys helpful/knowledgable!) and I'm still unclear what I should do.

It is very clear in Coupon Mad's sticky;

If in Scotland/NI:

Apart from (of course!!) complaining to the landowner/retailer you should IGNORE your fake PCN unless you are not the registered keeper and that is a company (hire car or leased/company vehicle).* You are safe to ignore because there is no worthwhile appeals process - do not believe what the fake PCN says! This Watchdog video still applies in Scotland and NI because a PPC has to know who was driving (unlike in England/Wales now):

http://www.youtube.com/watch?v=XAIcdi9niHA

WHEN IGNORING IN SCOTLAND/NI, KEEP ALL LETTERS. DO NOT THROW THEM AWAY EVEN IF YOU HAVE MADE A PAPER AEROPLANE FROM THEM!

************************************************** **************



Some of my thoughts/questions:

• As far as I understand it, Glasgow Fort is free parking, so I'm guessing this must relate to a parking in a disabled bay or outside the lines etc. Totally irrelevant.
  
• This video, linked to from one of the stickies, seems to say in Scotland I can ignore it completely as they can only pursue the driver and not the registered keeper. http://www.youtube.com/watch?v=XAIcdi9niHA Is this correct? Yes?
• One of the comments below that video states: "Scotland they doesn't have trespass there. They have to inform the registered keeper upto 28 days at the latest to be able to pursue the registered keeper. After that they are back to the driver as before." Now the claimed date of the PCN is more than 28 days after the date on the letter and even longer after the letter was received by me, the registered keeper, so what does this mean? Nothing, they won't be pursuing anybody.

• Is it legal for the DVLA to release my details to Smart Parking, as is outlined in the letter? Unfortunately yes
  
• Can they actually pass this over to a debt collector and if so what will happen then? Yes, absolutely nothing will happen, other than you will receive some junk mail asking for money
  
• Am I liable for court action? Smart Parking don't do court, No PPC does court in Scotland/NI

Thanks in advance for any advise MSEers are able to offer :-)

Pics of letter:
Front - http://imgur.com/kEF4e3b
Back - http://imgur.com/2gWI7nb

SevenTowers

Allan266

SevenTowers, Thanks for your reply. That was the link and info I had seen already.

I guess I'm just struggling to get my head around the fact that the letter says court action and debt collectors and the advice from MSEers just seems to be ignore it and there's no way they can touch you. :undecided

SevenTowers

Allan266 wrote: »

SevenTowers, Thanks for your reply. That was the link and info I had seen already.

I guess I'm just struggling to get my head around the fact that the letter says court action and debt collectors and the advice from MSEers just seems to be ignore it and there's no way they can touch you. :undecided

Of course it says court action, they want to fighten as many victims as possible into coughing up, but as CM says - do not believe them. The chances of them taking you, or anybody else, to court in Scotland are zero. Any threats will always be conditional "may" "consider" "recommend" etc. The condition being that hell has to freeze over first!

Don't worry about so called "debt collectors" either, all they can do is write letters in scary bold font. I'm in NI and have a collection of these letters which I continue to ignore with impunity.

There is (virtually) no risk of court in Scotland, no risk of a CCJ, no risk of anything affecting your credit rating, despite what Smart Parking would have you believe.

Now sit back, relax, ignore, ignore and then ignore some more.

retiredin2011

I would ask them to prove your car was even in the car park but that would mean wasting a stamp, so I wouldn't bother.

Allan266

retiredin2011 wrote: »

I would ask them to prove your car was even in the car park but that would mean wasting a stamp, so I wouldn't bother.

What that not be admitting your acknowledgment? Thought it was better to fully ignore them.

bod1467

Just ignore - POFA2012 does not apply in Scotland (or NI) therefore there is NO KEEPER LIABILITY. This means they can ONLY pursue the Driver - and if they don't know who that is (and you're under NO OBLIGATION to tell them) then they can't pursue YOU.

Coupon-mad

Do just ignore them same as this other new poster:

https://forums.moneysavingexpert.com/discussion/4865586

If you search the forum for the keyword 'Scotland' you can read loads of threads like yours from people who are ignoring all sorts of debt collector letters too, in Scotland. Debt collector drivel follows this first flurry of rubbish. Nothing happens.

Your search of the forum for the single keyword 'Scotland' will find you too many threads to read but look at threads by (I think) chickadee13 and MimosaDR as this has been discussed umpteen times and those threads are longer than most.

Complained yet to the Retail Park Centre Manager or Store Managers?