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Parking Carge Notice Northern Ireland.

I have received aParking Charge Notice in the post today from Smart Parking, relating to a retail park in Co Tyrone NI. It relates to over parking over the permitted free period. £100 or £60 if paid within 28 days.

I am the registered owner of the said vehicle, however was not the driver on the date in question and therefore not responsible for parking.

The driver has, as advised on the newbie section made contact with the retailer with whom they shopped (they have a receipt) to request that the retailer ask the Parking Company cancel the PCN. Unfortunately the retailer a well known multi national has advised that the parking in the retail park is out of their control and they cannot assist. The diver has advised them of the advice on this forum regarding the retailer contacting the Parking Company so that the PCN can be cancelled. The retailer will not help!!!

I am aware that the forum advice is to IGNORE. I am not trying to avoid paying a legitimate parking fine however I am not prepared To fall foul of these Parking Companys!!!!
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    no KEEPER liability in N.I. due to no POFA2012

    as keeper and not the driver you have nothing to fear
    its nothing to do with you


    IGNORE
  • Umkomaas
    Umkomaas Posts: 44,322 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I am not prepared To fall foul of these Parking Companys!!!!
    Just ignore them.

    This is what Scottish MP (in whose constituency Smart are based) Pete Wishart had to say in Parliament.
    I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.

    The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Thank you, just to ask a hypothetical question say if someone was the driver I take it that the advice would also to be IGNORE!!!!
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Scratch01 wrote: »
    Thank you, just to ask a hypothetical question say if someone was the driver I take it that the advice would also to be IGNORE!!!!

    What do you mean "if someone was the driver"?

    We all know someone was the driver, or have you got one of those newfangled machines that drives itself?

    In Northern Ireland, and in Scotland, only the driver can be held liable for any parking contractual charge.
  • Should I EVEN REPLY stating that I was not the driver, or just IGNORE!!!
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Scratch01 wrote: »
    Should I EVEN REPLY stating that I was not the driver, or just IGNORE!!!

    No point in contacting scammers, they will think you are a mug
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You told us earlier:
    Scratch01 wrote: »
    I am aware that the forum advice is to IGNORE.
    Not sure there is anything to add to that.
  • Umkomaas
    Umkomaas Posts: 44,322 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Scratch01 wrote: »
    Should I EVEN REPLY stating that I was not the driver, or just IGNORE!!!

    It's like scratching at a sore here! @OP - is your forum user name one you use often?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    You are not the registered owner.
  • Sorry for not being as clear as I should earlier with my hypothetical question.
    So, what would the situation be in Northern Ireland if the registered keeper was the driver and responsible for parking the vehicle, I take it that the fine is then legitimate and should be paid?
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