Newbie - Help With Smart Parking Fine Please x

srmcb88_2

Hi,

I've read the newbie post but I don't think I understand what I'm meant to do.

I received a fine fromSmart Parking (at an address in England) - I live in Scotland. It wasn't me driving the car and I haven't yet contacted Smart Parking.

Do I Appeal to them or not Appeal because I don't want to name driver? I don't know what the IPC and BPA memberships mean to know which template to use either?

Would some kind soul please help? Really hoping I don't have to fork out £100 I can't afford. So annoyed, was only a few minutes over the time.

Thank you 😊

Fruitcake

It is not a fine.

The NEWBIES thread tells you that if you live in Scotland (or NI) you ignore anything and everything you get except flying pigs, aka real court papers.

Only the driver can be held liable in Scotland as there is no POFA 2012 (and therefore no keeper liability) so as long as the scammers don't know the identity of the driver they are stuffed. The best way for the scammers not to find out the identity of the driver is to never, ever contact them, ever.

Start ignoring now.

srmcb88_2

Thank you! I wasn't sure whether that applied given the charge is from England? I had wondered if I was meant to use the BPA Appeal template but that refers to POFA 2012 and I was confused whether that applied if the charge was England and I live in Scotland. So I do nothing at all? No need to even Appeal to them without disclosing the driver info? Worried it's passed on and fine increases eventually going to court?

The_Deep

Your worries are unfounded.

srmcb88_2

Ok thanks. I did note than the newbie post said 'apart from' complaining to landowner so should I complain to the supermarket? Or would that be acknowledging the notice? Also it wasn't me visiting the supermarket in the car...so can I even complain to them?

Fruitcake

srmcb88 wrote: »

Ok thanks. I did note than the newbie post said 'apart from' complaining to landowner so should I complain to the supermarket? Or would that be acknowledging the notice? Also it wasn't me visiting the supermarket in the car...so can I even complain to them?

Why wouldn't you complain to the landowner/retailer. You would if you got shoddy goods or services any other time wouldn't you? Just make sure you don't reveal the driver's identity. An occupant of the car was a genuine customer. If they want to retain you, the car user, your family, and friends as customers, what are they going to do about this unregulated scam they have heaped upon their customers?

Umkomaas

Because the parking event was in England, you would be entitled to challenge the PCN via POPLA. A win at POPLA (very easy vs Smart) kills the charge stone dead. And you have a slam dunk winning appeal point that PoFA does not apply to a resident of Scotland. I'd guess that once Smart see the futility (and cost) of contesting your appeal at POPLA, they'd throw their cards in.

A worst case scenario of losing at POPLA (but we won't let you!), means you can still safely ignore Smart afterwards (providing the driver hasn't been identified).

Of course, as you live in Scotland it is equally safe to ignore the entire shebang (as outlined by Fruitcake above), but you would be subject to the possibility of debt collectors (via letter only, no visits, no legal authority) irritating you for a number of months.

You have more choices than a motorist from E/W with a parking event in E/W. The choice is yours.

Fruitcake

srmcb88 wrote: »

Thank you! I wasn't sure whether that applied given the charge is from England? I had wondered if I was meant to use the BPA Appeal template but that refers to POFA 2012 and I was confused whether that applied if the charge was England and I live in Scotland. So I do nothing at all? No need to even Appeal to them without disclosing the driver info? Worried it's passed on and fine increases eventually going to court?

The POFA does not exist in Scotland so how could they invoke that law in another country? They can't. It doesn't matter where the letter originated, or where the alleged event took place, the scammers cannot take the keeper to court.
The driver is liable in Scotland and they don't know who it is. How are they going to take them to court if they don't know their name or address?

Like I said. The NEWBIES tells you to ignore, so start now. Please don't come back later telling us you have received debt collector letters either. When we say ignore, we mean ignore anything and everything except real court papers. You will recognise these because they will be delivered by flying pigs.

SRMCB88

Ok thank you all. I think I'll just ignore I then! Hopefully it won't go further. Unless you really recommend a POPLA appeal? I won't come back with any more questions unless I receive court papers. ��

Fruitcake

SRMCB88 wrote: »

Ok thank you all. I think I'll just ignore I then! Hopefully it won't go further. Unless you really recommend a POPLA appeal? I won't come back with any more questions unless I receive court papers. ��

Yes you can appeal to PoPLA if you want to try and cost the scammers some money, but whatever the result, you will be ignoring everything from there on. So, do you want to spend some of your valuable time by appealing to a bunch of scammers then ignoring, or ignoring from this moment onwards?

The choice is yours. You will be helped with your appeal if you want to do that, but nobody is going to help you with ignoring.

SRMCB88

Ok now I'm worried...my friend who also lives in Scotland has a ticket from the same car park as I've been sent one from England. She has ignored everything thus far but has today received a letter from Gladstone Brooks advising that if she doesn't contact to arrange to pay they'll lodge court proceedings without further notice. Am I better to Appeal but still not advise who driver was?