Private Parking Charges in Scotland

pappa_golf

no I think Parking on private land , is the location of the land , not the owners address, in this case , the land does not come under POPLa , as the land is exempt from popla , thru being in scootland

Redx

if that is true and if "not so" SMART knew what they were doing , they would not be offering popla, or a popla code

the OP never answered your question as to if a popla code had been given , or not - a classic case of people being asked questions and not answering them

Redx

this one was a similar dilemma

https://forums.moneysavingexpert.com/discussion/5505510

OP lives in N.I , infraction happened in North Wales

they were advised that they COULD get a popla code due to the location of the supermarket car park being in Wales , but they were out of jurisdiction being in N.I. and no possibility of an MCOL so should ignore it ( the vehicle being registered in N.I. )

so these cross border incidents are a headache, for the PPC,s as well as us the advisors , lol

pappa_golf

yup , but POFa only applies on land that is in England/wales Scotland does not come under the act of parlement (POFa2012) , smart might just as well say the offence happened in france or Germany , as far as the government is concerned Scotland is a different country when parking charges apply therefore a POPLa code cannot (or should not) be issued on land that does not come under the POFa2012


I havnt linked to your case (sat in pub with wife) but in the case quoted the case was in land covered by POFa , and the accused was in "a different country" , (as far as parliament is concerned) wheras this case the OP is England and the land is Scotland

beamerguy

Is their nobody in Smart who understands this ..... they are so stupid, it is no wonder they lose contracts

Even the fakers UKPC has a bit of working knowledge

System

Scotland does not come under the act of parlement (POFa2012) , smart might just as well say the offence happened in france or Germany , as far as the government is concerned Scotland is a different country when parking charges apply therefore a POPLa code cannot (or should not) be issued on land that does not come under the POFa2012

PG is spot on but be aware that they may give you a POPLA code and POPLA may say that the amount is payable by the driver. The relevant law is Scots Law (so no keeper liability) but the Beavis case (£100 penalties) is applicable in Scotland.

The Keeper's location is irrelevant since it is the location of the car park that sets the applicable law. So best ignore but keep the paperwork.

Note: If they do claim the keeper is liable, then post it up so Smart can have a visit from Trading Standards.

Thunderbird6

Thank you all for your responses and apologies for missing the one crucial question. I was not issued with a POPLA code. The invoice simply references POPLA in one of the clauses on the back, but no specific codes. I originally went to the POPLA site and it very plainly stated that it only applies in England and Wales, so went no further. The only thing that makes me wonder now is that the invoice (I refuse to accept it is a PCN) was issued in England from a Birmingham address. Any thoughts?

pappa_golf

umm , the company have failed to provide an ADR , that must be a complaint to the BPA!


POFa 2012 stated that all companies must be in a recognised trade assoc , and be able to supply a alternate dispute resolution , by an independent company once in house resolution had failed ,


definatly a complaint to the BPA


PS , forget the address , the land was in Scotland and your case relies on scotish law

Herzlos

Thunderbird6 wrote: »

Thank you all for your responses and apologies for missing the one crucial question. I was not issued with a POPLA code. The invoice simply references POPLA in one of the clauses on the back, but no specific codes. I originally went to the POPLA site and it very plainly stated that it only applies in England and Wales, so went no further. The only thing that makes me wonder now is that the invoice (I refuse to accept it is a PCN) was issued in England from a Birmingham address. Any thoughts?

Did you submit an appeal as Keeper? They'll only issue a POPLA code after rejecting your appeal.

In this case I wouldn't mention the location in an initial appeal, just use the standard text, and then in the first point of your POPLA appeal, add a new point:

"No keeper liability - POFA 2012 does not apply in Scotland.
As this alleged incident occurred in Scotland, where the Protection Of Freedoms Act 2012 does not apply, there can be no way in which the keeper can be held liable. As I am appealing as the keeper, and the driver has never been disclosed, I cannot be held liable for this charge".

Then the usual points about signage and so on.

That should result in POPLA upholding your appeal and instructing Smart to cancel it, whilst also costing them some money for their cheek

Thunderbird6

Pappa Golf - Funnily enough I did think about responding to their rejection letter with comments about lack of validity in failing to identify the driver and comply with BPA code, but I decided against it on the basis of advice to ignore them.
Herzlos - I did submit an appeal on the basis that we had paid but had incorrectly entered one digit in the machine, but had not exceeded the time and they had received payment. The simply wrote back and in a somewhat perfunctory way said "not interested, it’s your problem that you didn’t enter the correct registration, not ours. Not a particularly helpful or (I know, stop laughing) "customer friendly" approach. They did not at any time either in the original invoice, or the subsequent rejection email, offer any form of Alternative Dispute Resolution or POLA code.