Smart parking fine. Confused on what action to take

Mr_toothpick

Hi there. Apologies for starting a new thread but I just can't seem to find the right advice. My wife received a letter from smart parking for overstaying at a bannatynes health club car park (£80 fine) The thing is she was originally on the list of staff approved cars for parking but changed her numberplate and not the list. Also it is not her that works there a friend was getting her on the list. (This friend left after the fine was issued) my wife appealed saying it was an oversight on her behalf but it is basically the same car by showing the copy of the changed v5 and staff list with the old number plate. Obviously they told us no chance, we then appealed again asking for evidence of the offence to which they sent a photo of the car at the time of issuing the ticket and stated the wardens time of first seeing the vehicle.. Basically as we are in scotland im not sure if we have shot ourselves in the foot and kind of admited that she is the driver? My wife is uneasy at the thought of months of hassle from these clowns and wonder if the reduced £45 is worth paying just to get it over with.
Thanks

Guys_Dad

You have admitted to being the driver, so you need to find some way of disputing their t&c. You might get the landowner or white list controller to help, but only if you had a legitimate reason to park, such as sharing the car journey with your friend who didn't have or use their own car.

But you do seem to have admitted to knowing you needed to be on a white list so you will need to look carefully at the signage re the penalties. However, as signs would be forbidding, they can't claim a contract was formed and could only be guilty of trespass. Scotland, I believe, has different laws on trespass.

Quentin

Your op is a little confusing but if she was entitled to be on the white list then she needs to make a big noise with bannatynes to get this cancelled for her.

You are right about the consequences of revealing the driver in Scotland. Without knowing who was driving the ppcs can be ignored in Scotland

Guys_Dad

Quentin wrote: »

Your op is a little confusing but if she was entitled to be on the white list then she needs to make a big noise with bannatynes to get this cancelled for her.

You are right about the consequences of revealing the driver in Scotland. Without knowing who was driving the ppcs can be ignored in Scotland

The important part in Quentin's post is highlighted. But if they have been told by the wording of your appeal, you lose that benefit, I am afraid.

Coupon-mad

wonder if the reduced £45 is worth paying just to get it over with.

Nope.

But for goodness' sake stop replying to private parking scams in Scotland, telling them on a plate who the driver was!