Confused over next steps/what happens

token09

As the registered keeper, I received a PCN from Smart Parking as the registered car was parked in a parking lot managed by them in Dundee (Scotland) late last year.

I've read all the newbies thread (a few times) and a bit confused about what happens next. So far I have emailed Smart Parking based on the template on the newbies thread. They responded asking me to submit an appeal which I didn't to due to being the registered keeper and not wanting to give information on who the driver at the time was.
I have this week received a letter from the debt collectors (DPS), which seems like the standard letter seen across this forum and that I am intending to ignore in which they are requesting £170 (I don't really understand the maths - it went from £60 in 14 days to £110 after 28 days in the original letter).

However, on reading through the new Transport Bill in Scotland, it seems that, as the registered keeper, I can be charged for the PCN.

The car isn't a pay and display car park and I have since learned that the services that the driver used aren't actually part of that car park (despite assumptions made), so speaking to management won't be much use.

So, knowing that the driver is in the wrong, and seeing that the registered keeper can now take assumed liability for the PCN, what are the best next steps? Is sit it out the only option at this point?

I also don't understand the notices on CCJs - some threads seem to indicate that this can have a negative impact on credit ratings if it goes as far as court? This is of biggest concern to me and would rather take that off the table as soon as possible.

Castle

CCJ's=County Court Judgements only applies to England & Wales.

KeithP

The new Scottish Transport Act is not retrospective.
Therefore, as your alleged parking event took place last year, there can be no transfer of the driver's liability to the keeper.

In any case, I do not think the part of the Transport Act that covers transfer of the driver's liability to the keeper in parking events has become effective even now.

token09

Castle said:

CCJ's=County Court Judgements only applies to England & Wales.

Ahh, thanks. what's the/is there an equivalent in Scotland and can they pursue this in the same way here? 

token09

KeithP said:

The new Scottish Transport Act is not retrospective.
Therefore, as your alleged parking event took place last year, there can be no transfer of the driver's liability to the keeper.

In any case, I do not think the part of the Transport Act that covers transfer of the driver's liability to the keeper in parking events has become effective even now.

Did the act not come into place in November last year? The alleged offence took place after this time. 

KeithP

token09 said:

KeithP said:

The new Scottish Transport Act is not retrospective.
Therefore, as your alleged parking event took place last year, there can be no transfer of the driver's liability to the keeper.

In any case, I do not think the part of the Transport Act that covers transfer of the driver's liability to the keeper in parking events has become effective even now.

Did the act not come into place in November last year? The alleged offence took place after this time. 

OK, perhaps it did. I'm not in Scotland so don't follow their legislation closely.

Perhaps you could check out the last sentence in my earlier post too.

Read the opening post on this thread:
https://forums.moneysavingexpert.com/discussion/6083283/keeper-liability-in-scotland-transport-scotland-act-2019

token09

KeithP said:

token09 said:

KeithP said:

The new Scottish Transport Act is not retrospective.
Therefore, as your alleged parking event took place last year, there can be no transfer of the driver's liability to the keeper.

In any case, I do not think the part of the Transport Act that covers transfer of the driver's liability to the keeper in parking events has become effective even now.

Did the act not come into place in November last year? The alleged offence took place after this time. 

OK, perhaps it did. I'm not in Scotland so don't follow their legislation closely.

Perhaps you could check out the last sentence in my earlier post too.

Read the opening post on this thread:
https://forums.moneysavingexpert.com/discussion/6083283/keeper-liability-in-scotland-transport-scotland-act-2019

Thanks for the link Keith
That's a pretty concerning post - sounds like it could be open season in Scotland for the parking cowboys for a while. Wouldn't be surprised for them to take cases to court to test the legislation.

Is there anywhere that I can read up a bit more on the last sentence of your post? Had a wee google about but not found much.
Much appreciated.

KeithP

From the post I linked to:

Anyone in Scotland care to contact their MSP to ask when these regulations are going to be in place, and what it means until they are?

Does that help?

D_P_Dance

Read what Pete Wishart MP said recently in the House of commons about Smart Parking.

"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.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.