Smart Parking Ltd Kinnoul St Perth

velislav25

Hi there, basically I got a PCN from one of their locations in Perth (Kinnoll St Multi Storey). Basically I appealed without checking up on here first and that is what I sent them
"To whom it may concern, 

I am writing to you, as I recently received a PCN(Parking Charge Notice) from one of your car parks in Perth (KINNOULL ST. MULTI STOREY, PERTH). According to the reason for this charge, that is insufficient paid time, although I don't see how this is even possible since the amount of time displayed on the ticked I paid for said till 19:48 and from the notice, it's clearly seen the premises of the car park were left at 19:46 hours. So by not breaking any rules of the car park and paying for the amount of time I stayed there, based on what is this PCN issued then ? Please check the CCTV of the premises there and you will discover that I purchased a pay and display ticket and it was valid till 19:48, as I clearly remember that. I also remember that the machine asked me to enter my registration number before I made any payment to it, so this means that the information required to drop this PCN is already there with you. As stated before, I haven't broken any of the parking rules, I payed for the time I stayed on the car park and even displayed my ticket on the dashboard of the vehicle and left the premises before the time of the ticket expired. Unfortunately, the ticket has been thrown away, because I assumed that after I paid for it and stayed the correct amount of time, etc., it was not a problem to bin it, but clearly that is not the case. Also I suppose it goes without saying that I will not be visiting any of your car parks in future, due to the way I am treated as a customer who has payed everything that was owed and is still issue a PCN."

Today, I have received another letter which obviously is saying that the parking charge notice PCN is correctly issued and they claim that I purchased 120 minutes and stayed for 130 minutes which is correct. But there must be a grace period in accordance with BPA for a minimum of 10 minutes, as you might need to find a place to park and obviously pay for your ticket etc. so they are full of you know what. My question is what are my options now, as they say I have reached the final step of their internal appeals and can only pay or appeal to POPLA. I would happily contact the land owner(proprietor) but I do not know who that is ( In the past, that is how I successfully dismissed a PCN again issued incorrectly). Any help is hugely appreciated

D_P_Dance

Read what Pete Wishart MP said recently in the House of commons about Smart Parking.and complain to your own MP.

"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.

Umkomaas

You've not helped yourself with that appeal as you've handed your head on a platter to Smart Parking by admitting to be the driver. In Scotland, only the driver can be successfully sued through the Sheriff Court, there has never been any lawful liability placed on the Registered Keeper, and it's to the RK that the Smart Notice to Keeper was addressed. There was never any need to respond as the driver, ..... or at all.

Whether they will pursue through the court for £100 is highly debatable as it could cost them up to 3 times that figure with no prospect of recovering anything more than £100. I wouldn't lose much sleep over it, but unlike a RK who has not identified the driver, you'll need to be a little more alert to whatever drops though your letterbox. 

Try to get Pete Wishart MP involved, he seems to have a pathological disdain and hatred for Smart Parking. 

Redx

They will not be viewing any CCTV either

Complain to the landowner and get it cancelled , plus complain to the MP too

velislav25

Redx said:

They will not be viewing any CCTV either

Complain to the landowner and get it cancelled , plus complain to the MP too

Thanks everyone for the answers. Well, I tried searching online about who the land owner might be, but I could not find any information on that. As suggested above I will try the MP and will somehow try and find who the landowner is, as that is how I successfully canceled a previous PCN

velislav25

Umkomaas said:

You've not helped yourself with that appeal as you've handed your head on a platter to Smart Parking by admitting to be the driver. In Scotland, only the driver can be successfully sued through the Sheriff Court, there has never been any lawful liability placed on the Registered Keeper, and it's to the RK that the Smart Notice to Keeper was addressed. There was never any need to respond as the driver, ..... or at all.

Whether they will pursue through the court for £100 is highly debatable as it could cost them up to 3 times that figure with no prospect of recovering anything more than £100. I wouldn't lose much sleep over it, but unlike a RK who has not identified the driver, you'll need to be a little more alert to whatever drops though your letterbox. 

Try to get Pete Wishart MP involved, he seems to have a pathological disdain and hatred for Smart Parking. 

Well, I mean I haven’t specifically said I was driving, more of I was present when all these events occurred or maybe I’m wrong in my interpretation. Anyway, I will complain to the MP as said and hopefullyl find who the land owner is. Thanks for your help !

ParkerstNick

velislav25 said:

Well, I tried searching online about who the land owner might be, but I could not find any information on that.

Go to the Land Registry site. It has a map facility where you can look at what title deeds are held for land in a specfic geographical location. You might have to guess a bit at £3 a shot to see exactly what plot of land each title map covers, or it might be obvious. 

velislav25

ParkerstNick said:

velislav25 said:

Well, I tried searching online about who the land owner might be, but I could not find any information on that.

Go to the Land Registry site. It has a map facility where you can look at what title deeds are held for land in a specfic geographical location. You might have to guess a bit at £3 a shot to see exactly what plot of land each title map covers, or it might be obvious. 

Much appreciated. I will definitely give that a try and figure out who is the legal owner

Umkomaas

Well, I mean I haven’t specifically said I was driving, more of I was present when all these events occurred or maybe I’m wrong in my interpretation.

It's a Judge you might have to convince, not me. There are lots of 'I did this, I did that', without mention of any other party. But you don't need to rehearse it here; until such time as you have to, it's all a bit moot. 

Coupon-mad

velislav25 said:

Umkomaas said:

You've not helped yourself with that appeal as you've handed your head on a platter to Smart Parking by admitting to be the driver. In Scotland, only the driver can be successfully sued through the Sheriff Court, there has never been any lawful liability placed on the Registered Keeper, and it's to the RK that the Smart Notice to Keeper was addressed. There was never any need to respond as the driver, ..... or at all.

Whether they will pursue through the court for £100 is highly debatable as it could cost them up to 3 times that figure with no prospect of recovering anything more than £100. I wouldn't lose much sleep over it, but unlike a RK who has not identified the driver, you'll need to be a little more alert to whatever drops though your letterbox. 

Try to get Pete Wishart MP involved, he seems to have a pathological disdain and hatred for Smart Parking. 

Well, I mean I haven’t specifically said I was driving, 

You pretty much have done.  It's so frustrating when people appeal in Scotland and tell a PPC who was driving.

Next year, things will change North of the Border for new parking events, because Scotland has - astonishingly  and pointlessly, because it is just not needed - decided to copy the horrendous legislation (Schedule 4 of the POFA) and open their residents up to the tsunami of court claims that people in E&W have suffered since 2012:

https://www.rac.co.uk/drive/news/motoring-news/private-parking-firms-issue-15-new-tickets-every-minute-research-reveals/

What a great idea, hand a pretty much universally condemned 'rogue' industry the unheard of right to hold registered keepers liable, when those keepers may not have been driving and are very often a lease/hire firm who won't know what has hit them when this part of the Transport Act kicks in and thay start facing court cases for contract law events they know nothing about.

MothballsWallet

Coupon-mad said:

velislav25 said:

Umkomaas said:

You've not helped yourself with that appeal as you've handed your head on a platter to Smart Parking by admitting to be the driver. In Scotland, only the driver can be successfully sued through the Sheriff Court, there has never been any lawful liability placed on the Registered Keeper, and it's to the RK that the Smart Notice to Keeper was addressed. There was never any need to respond as the driver, ..... or at all.

Whether they will pursue through the court for £100 is highly debatable as it could cost them up to 3 times that figure with no prospect of recovering anything more than £100. I wouldn't lose much sleep over it, but unlike a RK who has not identified the driver, you'll need to be a little more alert to whatever drops though your letterbox. 

Try to get Pete Wishart MP involved, he seems to have a pathological disdain and hatred for Smart Parking. 

Well, I mean I haven’t specifically said I was driving, 

You pretty much have done.  It's so frustrating when people appeal in Scotland and tell a PPC who was driving.

Next year, things will change North of the Border for new parking events, because Scotland has - astonishingly  and pointlessly, because it is just not needed - decided to copy the horrendous legislation (Schedule 4 of the POFA) and open their residents up to the tsunami of court claims that people in E&W have suffered since 2012:

https://www.rac.co.uk/drive/news/motoring-news/private-parking-firms-issue-15-new-tickets-every-minute-research-reveals/

What a great idea, hand a pretty much universally condemned 'rogue' industry the unheard of right to hold registered keepers liable, when those keepers may not have been driving and are very often a lease/hire firm who won't know what has hit them when this part of the Transport Act kicks in and thay start facing court cases for contract law events they know nothing about.

Sorry for dragging this up, but (bit in bold is my highlighting), what do you expect with Sturgeon in charge?