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Smart Parking ticket in Inverness, Scotland

Hey everyone,


Yes, I have read the newbies thread. Props to the author(s), it's an intense read. We've gotten into a situation where we're a bit stuck, and am asking for your help. The details are the following:
  • A European friend was visiting in the UK and rented a vehicle from an internationally established car hire firm.
  • After the hire ended, the firm notified him that he has received a PCN and charged an "administration fee" of 35 GBP. (which is outrageous to me, but that's a different topic)
  • Because the friend listed my address when renting the car, I have received the PCN from Smart Parking, with his name on it.
  • It's the standard 60 GBP that gets increased to 100 GBP after two weeks yada yada
  • He believes that he has been charged incorrectly as he was within the 5-hour time limit that he purchased through a machine, but he doesn't have the slip anymore
  • They don't have our full address, the flat number is missing from it.
  • He does not live here, but intends to visit again
  • We do not know if the car hire firm has provided his details as "the driver" or "the hirer"
  • We have not contested this or contacted Smart Parking at all yet
Having done some research, we are currently inclined to just ignore it and if someone turns up at the door tell them that nobody under that name lives here.

Comments

  • Umkomaas
    Umkomaas Posts: 42,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 March 2019 at 9:26AM
    Having done some research, we are currently inclined to just ignore it and if someone turns up at the door tell them that nobody under that name lives here.
    Absolutely no one will turn up at the door.
    He does not live here, but intends to visit again
    Return whenever he wants, nothing to worry about. Even if there was, how on earth would a parking company ever know about his return? Even if they did, there's absolutely nowt they could do. They are not linked to the Border Agency entry computer system.
    We do not know if the car hire firm has provided his details as "the driver" or "the hirer"
    How would they know who was driving? They cannot make such a determination. All they know is the name of the hirer. And the hirer's name is not good enough for the PPC to confidently pursue.
    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
  • Coupon-mad
    Coupon-mad Posts: 148,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Because the friend listed my address when renting the car, I have received the PCN from Smart Parking, with his name on it.
    NO ignoring it because it's a rental car. Eeek, no.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 42,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Coupon-mad wrote: »
    NO ignoring it because it's a rental car. Eeek, no.

    @CM - As the hire company have transferred liability (and charged him a £35 admin fee), Smart cannot go back to the hire company to lever the £60/£100 parking charge.

    So doesn't that put the friend in exactly the same position of anyone else receiving a PCN for their own vehicle in Scotland, where we advise ignoring?

    Have I missed something?
    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
  • fokinshietm80
    fokinshietm80 Posts: 2 Newbie
    edited 12 March 2019 at 12:25PM
    Umkomaas wrote: »
    How would they know who was driving? They cannot make such a determination. All they know is the name of the hirer. And the hirer's name is not good enough for the PPC to confidently pursue.


    When he hired the car he had to provide a list of "authorised drivers" for the rental company. This list has been left empty. Not sure if this would have an effect on what information Smart has been provided by the rental company. Thank you for your answer, it is reassuring!


    Coupon-mad wrote: »
    NO ignoring it because it's a rental car. Eeek, no.


    Could you please elaborate on this? The newbies thread says:

    "If the hire/lease co gets a postal PCN and names you as the driver/hirer, that is a good thing as it removes them from the loop entirely and then you can follow the above advice as appropriate to your case - but check and see if they have charged an admin fee."

    As far as I understand this is what happened, and the "above advice as appropriate" is to ignore because it's in Scotland and private? What am I getting wrong?
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    "Not known at this address" Try "home address, Norway.Bangladesh or whatever".

    Return paperwork.
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