Parking Notice - Strothers Lane Inverness

bikercat

Hello
Received a Parking Charge Notice for parking in Strothers Lane Inverness. Picture shows entering at 12.19 and exiting at 12.57, a whole 38 mins.

Sent in an appeal saying that the driver parked in a disabled bay displaying a valid disabled badge but the appeal was rejected. They have disabled bays but wrongly assumed that they were free. There are no notices at the disabled bays saying that parking charges apply.

So what do I do now? Any advice would be great

Thanks

bikercat

Hi
Sorry should maybe also have put the company is Smart Parking Limited, Birmingham.

bod1467

bikercat wrote: »

I sent in an appeal saying that I parked

That was your main problem right there ... if you'd come here first and read the NEWBIES sticky you'd have realised that you shouldn't have contacted the PPC at all, as you're in Scotland.

Now you've just got to either pay it (which we wouldn't advise) or ignore anything further except a real court claim or a letter before claim from Smart - ignore any such threats from debt collectors (and I class Gordon & Noble in that same area - any time they get involved with PCNs it is purely as a debt collector, not Sheriff's Officers).

bikercat

Thank you for your quick reply

I will wait and see what happens

Regards

Herzlos

What exactly was said in the appeal? Anything indicating who the driver was?

pogofish

The Blue Badge has no legal validity as far as private parking is concerned.

However, if the vehicle was being used by or on behalf of a suitably disabled person, the Equality Act applies and that strengthens your position considerably - a strong complaint to the landowner/retailer to get it cancelled would be the best way to start there!

System

He is the registered keeper but he was not the one with the car that day.

Keeper is never liable in Scotland. He should ask them to take him to court and prove as keeper he is liable. You should refer them to Aberdeenshire Trading Standards v Civil Enforcement.

Tell them if he hears from them or their debt collectors again, he will forward the information and their claims to the Procurator Fiscal as extortion under Scots Law. (Carmichael v Black)

numanoids

Does the notice make any reference to Protection of Freedoms Act?

If so, then they are operating in contravention of the BPA who told them to update their templates to remove any reference to POFA. I'd love to know they were till doing it anyway. PM me if you need details.

bikercat

HI
I put in the reference number to do the on line appeal and said I parked in a disabled bay and displayed a valid disabled badge but they automatically assumed that the registered keeper was the one doing the appeal

Will I just leave things and see what happens or will I make contact again??????

Numanoids - there is no mention of Protection Of Freedoms Act.

Thanks again for all the advice.

numanoids

edited to remove everything

enfield_freddy

Herzlos wrote: »

What exactly was said in the appeal? Anything indicating who the driver was?

first post


"I sent in an appeal saying that I parked in a disabled bay displaying a valid disabled "