Smart Parking Ltd, Strothers Lane, Inverness

WR83

We have just received a PCN from Smart Parking Ltd for Strothers Lane, Inverness for an 18 minute trip in to the carpark. We pulled over to deal with a sick child and didn't actually see the parking notices about charges.

I have read the forum sticky and the advice seems to be that because the PCN is in Scotland that we should simply ignore it.

For the job I have I can't go to court - should I definitely ignore, or try and appeal by writing and stating we were only in the carpark for 18 minutes, didn't actually use a bay, and were just dealing with a sick child?

pogofish

Absolutely ignore! Also ignore the shonky debt collector letters that follow - if they can't identify the driver, they cannot raise a court action.

Fruitcake

If the vehicle keeper lives in Scotland, then follow the up to date advice in the NEWBIES thread and ignore anything and everything you get for the next five years. After that, you can ignore it for the rest of your life.

WR83

Thanks,

Registered keeper does not live in Scotland.

My only concern is that they have photographic stills which are taken at entrance and exist. I know these are for the number plate, but wonder how good the camera is, and could they expand to show who was driving?

I presume if court paperwork is issued, then the situation changes?

Umkomaas

Do not make any contact with them as that will indicate they have given you cause for concern and they will ratchet up the pressure.

Whilst nothing will get rid of this for you (other than sending a daft cheque), there is nothing they can realistically do any further, other than perhaps send debt collector letters, which are equally harmless and likewise can be ignored.

There is almost nil chance of this ever getting anywhere near a Sheriff Court. Please search this forum (click Show Posts, not Show Threads) on Strothers Lane and read the dozens of other cases for the same locations for which there has been no further action by Smart.

Why not contact Murdo Fraser, MSP, who has his claws into Smart Parking, and lodge a complaint with him? Look at all the press he has generated about Smart’s antics in Scotland by Googling 'Murdo Fraser Smart Parking’.

Umkomaas

Does the NtK state anything in it about 'Keeper Liability', the 'Protection of Freedoms Act' or that you will be held liable if you don’t reveal the driver’s name and address?

Is the vehicle a company/lease/hire one?

Umkomaas

wonder how good the camera is, and could they expand to show who was driving?

How would they know, even if it was? Do they know what you, or anyone else in the car looks like in order to put a name against them? Do you think you might have to attend an identity parade?

Forget it - it never happens. The process just doesn’t work like that.

WR83

No, they rather amusingly say if you were not the driver of the vehicle 'and would like to provide the name of the driver' then get in touch at this address etc etc...

Just says that if payment is not made in 28 days a £10 administration fee will be added and civil legal action may be taken.

I am now happy that you can ignore because just sent to the registered keeper, I just wondered if they may have improved their camera systems and can now show who was driving.

WR83

Thanks! Makes sense.

waamo

I just wondered if they may have improved their camera systems and can now show who was driving.

I really don't think their face recognition systems are that up to date also, is your face on their database?

pogofish

WR83 wrote: »

Thanks,

Registered keeper does not live in Scotland.

My only concern is that they have photographic stills which are taken at entrance and exist. I know these are for the number plate, but wonder how good the camera is, and could they expand to show who was driving?

I presume if court paperwork is issued, then the situation changes?

You are overthinking this. Smart do not have any sort of right or ability to identify anyone from an image. The cameras are solely to record reg numbers.

Even if they live South of the border, the chances of a court claim being transferred down south ate beyond vanishingly small. Also, POFA 2012 does not apply in Scotland, so there is no meaningful way to appeal or challenge this anywhere.

Yes, court papers are the thing you don't ignore but if you don't identify the driver to them, there is nobody to issue them to.