SMART PARKING appeal rejected in Scotland

mackjak

Hi guys,
I appealed my PCN from Clarkston Toll Glasgow on the grounds that i have my ticket clearly showing the times.
The issue being that the ticket displays RS as the registration rather than my actual VRN.
I categorically remember inputting it as i had to step back and check the it as its a newish car.
I never checked the ticket as to be honest i wasnt even aware that it printed my VRN on the ticket.
I appealed and enclosed i picture of the ticket showing the times matching to when their photo evidence shows me entering and leaving.
They have rejected it as its not showing a payment against my vehicle.
They havent lost any money - i dont bilieve the fault was mine as i know i entered my VRN.
What do i do - i bilieve its different here in Scotland once an appeal has been rejected.
Any advise would be appreciated as i dont have the funds to pay the charge and more importantly i know im not in the wrong.

Thankyou kindly

Grimble

Correct, but you wasted your time appealing, did you tell them who was driving? In Scotland they can only hold the driver libel for any charge.

mackjak

Hi Grimble,
I think so - i completed the appeal online so if it was asked i would of confirmed .
How can they ignore my ticket because the reg is incorrect - the RS on the ticket isnt even a legal registration - and i never entered it in the first place ?
What do you think ?

Guys_Dad

I would wait to see if they try court.

Then I would use defective equipment as your main defence. It should not allow an entry of RS as a numberplate - clearly incorrect and how were you to know what should be printed on your ticket, as you say.

Also, their ANPR system is defective inasmuch as if it was working, how did it let you enter a reg that hadn't been seen on the ANPR on entry?

Have a search on here for a similar case in England tthat was won in court.

pogofish

You shouldn't have wasted your time communicating with them.

If you don't name the driver, there is nothing meaningful a PPC can do in Scotland beyond sending the keeper scary letters.

The situation once you have identified yourself isn't a lot different - instances of PPCs taking drivers to court are still pretty thin on the ground, so your options now are either to go for a landowner cancellation or sit it out until they either give-up on the letters or start a proper court claim - which you can then defend properly - but I wouldn't hold my breath!

FirstTimeBen

My case is pretty similar to this, apart from I didn't keep my ticket as evidence. I entered my registration incorrectly, and I vividly remember that it wasn't even close to being the correct format for any kind of registration on a vehicle. I too appealed via their appeals system, and to no surprise mine was also rejected.
In my case, Smart Parking have now referred the matter to their debt collectors, whose letters I intend on ignoring.

Guys_Dad

FirstTimeBen wrote: »

My case is pretty similar to this, apart from I didn't keep my ticket as evidence. I entered my registration incorrectly, and I vividly remember that it wasn't even close to being the correct format for any kind of registration on a vehicle. I too appealed via their appeals system, and to no surprise mine was also rejected.
In my case, Smart Parking have now referred the matter to their debt collectors, whose letters I intend on ignoring.

I am sure OP would welcome updates on your case in due course.

FirstTimeBen

I'll do my best to keep you all updated, I had started my own thread a few days ago too.

mackjak

Thanks all,
All your responses are much appreciated.
I'm going to sit this one out at least until any action is threatened.
I agree with the facts you've all mentioned regarding their use of the ANRP equipment and the equipment allowing an unlawful registration to be entered - that didn't match its cameras .

Enough I feel to defend my stance if needed.
I will certainly update this threat if and when something happens.

Thanks again all :T

advent7

I too have trouble with Smart Parking Ltd. I am the registered keeper of the vehicle in question, but my son drives the vehicle. He paid his £2 at the ticket machine (car park in Glasgow) and was issued a receipt, which we still have. But the machine was faulty and would only accept the first 2 letters of our reg no.

My son had to park the car as he had a meeting to go to. But he PAID the £2 and has the receipt !!

They wrote to us with a PCN claiming that we had not paid for the parking of the vehicle, when we clearly had ! All the times matched up and the car was in and out of the car park in 58 minutes, again, as per their records.

We have paid the fee, the problem is their system issued a receipt for the £2 with only 2 letters for the registration,which are the first 2 letters of my car registration.

I am not prepared to pay their "fine" and will take this to court if required. Their problem is that they are not revoking the PCN as they say we didn't comply with their system rules !! They say nothing about the fact we actually paid for the ticket they issued from their faulty system !!

So basically, contravention of their rules is the "crime" ... nothing else matters to them !!

pogofish

advent7 wrote: »

So basically, contravention of their rules is the "crime" ... nothing else matters to them !!

Yup - That is all that matters to a PPC and everyone coming here with "their case" really needs to get their heads around that basic concept first, before even thinking on doing anything else!