Smart parking fine in scotland

bigheart20

Hi, 

Im new to this so looking for information to help me if possible? 

I received a parking fine from the company Smart Parking and I live in Scotland, I’ve been told by multiple people that I don’t need to pay it but I keep getting letters in about it, and have now had a letter from debt recoveries chasing the payment. I had a look at all the forums on here but they are all in England and Wales and wanted to check if there is anything I can do? A lot of people say it’s not enforceable because the parking is on Scotland and the company is English but I’m still very worried.

thanks 

D_P_Dance

Have you read the stickies, they do things differently in Scotland.

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.

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.

Redx

Read the Newbies FAQ sticky thread near the top of the forum

Disregard the debt collector letters , they are powerless

Fruitcake

The law in Scotland changed recently with the introduction of the Transport Bill, Scotland, making a vehicle keeper liable for a private parking charge. However, I'm not sure if the new bill has been enacted yet. In any case, all the other things required such as a mandatory code of practice to enforce the bill are not yet in place. 

If the alleged event took place before the bill was enacted, then the keeper should could complain to the landowner and their MP about this unregulated scam.
If the alleged event took place after the bill was enacted then I think an initial KEEPER appeal should be made to the scammers in addition to the complaints.
At the moment I believe there is no method for a keeper in Scotland to make a second stage/Independent appeal.

Debt collectors have absolutely no powers and can safely be ignored. 


The change in Scottish law is so new, and hasn't been tested yet, that there is no definitive process yet to follow. Prior to the new law, it was safe to ignore the PCN. Now we are not so sure, and things will change towards the process we have south of the border since motorists were sold down the river in 2012 with the introduction of a law that allows someone who was not in the vehicle at the time of the alleged event to be liable for a charge from an unregulated scammer. Why Scottish MPs have done the same is beyond understanding.
Complaints to Scottish MPs should include a question asking why keeper liability was introduced, and why there is no second stage/independent appeal available to a keeper as is their right in accordance with the ADR Act 2015.

Scottish motorists and Scottish courts are in for a big surprise.

Redx

I suspect that the Scottish MP s changed it expecting the Mhclg to come up with their new CoP in order to get the same system to cover Scotland as well as England and Wales , but the Mhclg have been dragging their feet and the Scots have been left in the more

However , this saga pre dates all this , so as fruitcake says , assume that Smart and the debt collectors should be disregarded , but as in ALL CASES complain to the landowner and get it cancelled , that has not and will never change

bigheart20

Great thank you very much for your help