BE AWARE, many drivers got £100 parking fine from PARKINGEYE at LUSS, SCHOLAND, G83 8NY

sensen7

A few days ago, I received a £100 PCN from PARKINGEYE at the LUSS, MAIN ROAD, G83 8NY car park. I've read through the NEWBIES post and googled the car park. I found many people got fined at that car park and gave warnings to the visitors on Tripadvisor (google "Luss Visitor Centre" and check out the feedbacks on Tripadvisor, you will see the lot warnings). This post is a warning to anyone who travel to Luss first.

When it comes to my case, I've received two PCN letters and plan to appeal to Parkingeye using the template in NEWBIES. But on Tripadvisor, many people said they appealed but failed. In Scotland, the POPLA only accepts the appeal from the driver. May I ask are there any suggestions for this appeal?

Thanks for all the help!

sensen7

One more thing, it's difficult to find out the landowner because there are no information on web about this carpark even in google map. Some people say it belongs to LUSS ESTATES but no info was found from their website, this makes the complain to the manager/landowner more difficult

Umkomaas

sensen7 said: When it comes to my case, I've received two PCN letters and plan to appeal to Parkingeye using the template in NEWBIES. But on Tripadvisor, many people said they appealed but failed. In Scotland, the POPLA only accepts the appeal from the driver. May I ask are there any suggestions for this appeal?

Hardly any initial appeal to any PPC in the country ever succeeds, so don't build any expectations. There is no income from upheld appeals. 

Just use the standard blue text initial appeal template from the NEWBIES FAQ Announcement, first post, adding a sentence or two to the effect that as the parking event took place in Scotland the registered keeper of the vehicle cannot be held liable and, as the RK you are under no obligation to provide the driver's details and you will not be doing so. 

If you get a rejection, don't go anywhere near POPLA as you will be forced to ID the driver for an appeal - with little more than a 50:50 chance of success - to be considered. 

sensen7 said:

One more thing, it's difficult to find out the landowner because there are no information on web about this carpark even in google map. Some people say it belongs to LUSS ESTATES but no info was found from their website, this makes the complain to the manager/landowner more difficult

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

©️Umkomaas 02/21 !! 🤓

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail 

sensen7

Umkomaas said:

sensen7 said: When it comes to my case, I've received two PCN letters and plan to appeal to Parkingeye using the template in NEWBIES. But on Tripadvisor, many people said they appealed but failed. In Scotland, the POPLA only accepts the appeal from the driver. May I ask are there any suggestions for this appeal?

Hardly any initial appeal to any PPC in the country ever succeeds, so don't build any expectations. There is no income from upheld appeals. 

Just use the standard blue text initial appeal template from the NEWBIES FAQ Announcement, first post, adding a sentence or two to the effect that as the parking event took place in Scotland the registered keeper of the vehicle cannot be held liable and, as the RK you are under no obligation to provide the driver's details and you will not be doing so. 

If you get a rejection, don't go anywhere near POPLA as you will be forced to ID the driver for an appeal - with little more than a 50:50 chance of success - to be considered. 

sensen7 said:

One more thing, it's difficult to find out the landowner because there are no information on web about this carpark even in google map. Some people say it belongs to LUSS ESTATES but no info was found from their website, this makes the complain to the manager/landowner more difficult

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

©️Umkomaas 02/21 !! 🤓

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail 

Thanks a lot Umkomaas! Sure I will try to appeal first and think twice about the POPLA. Forgot to say, I bought the ticket for 2 hours and got the ticket for 2h 15mins. The real reason is that there were limited spaces inside the car park and I've driving for quite a while inside to get a space. I counted my time as I parked then bought the ticket but they count as entering and exiting the car park. That is the common reason that many people got fined and left angry warnings on Tripadvisor. 

Umkomaas

I would only think once about POPLA - then forget they exist for Scotland cases!  Consider what the outcome would be of a loss at POPLA. The best position you'd be in is exactly where you are now, but PE will be in a better position with a POPLA win under their belt, and an admitted driver in their back pocket ..... and an impetus to keep piling the pressure on you. 

Ebe_Scrooge

Is it not still the case that keeper liability doesn't exist in Scotland, so it's safe to just ignore the PCN?  I know there has been talk for some time of introducing keeper liability, wasn't sure if it's law yet?  I'm not disagreeing in any way with the comments that have been made on this thread, more a case of genuine interest.

Fruitcake

Forget PoPLA. It already breaches the ADR Act Regulations 2015 because it doesn't give you twelve months to appeal.
It further prohibits a vehicle keeper from appealing in Scotland, so that is another breach.

Don't touch PoPLA with an eleven foot long bargepole because you certainly wouldn't want to touch it with one only 3.2m long.

Do complain to the BPA and PoPLA, your MP, and the landowner about this.
Don't expect the first two to care or do anything about it. Making PPCs comply with the ADR Regs is in the draft version of the new mandatory parking code of conduct. PPCs are already whinging that this isn't fair, so we need to keep up the pressure from motorists when the next stage of the draft is put out for consultation.
Watch this forum, it is due soonly.

Coupon-mad

It’s not law till the new Code of Practice and Single Appeals Service is in place in 2022 which will cover Scotland, England and Wales. 

Please please look out for the final Government Consultation this Summer, we need people in Scotland to respond about parking charge levels and false ‘debt recovery’ enhancements that no PPC has paid. 

Also you may want to add that keeper liability was totally unnecessary in Scotland and will lead to court claims galore and a burden on your courts, exactly as happened here after 2012. Under 50 PPC court claims per annum became in excess of 100,000 in the last normal pre pandemic year.

Shocking waste of court resources and intimidation of law abiding drivers caught out by sharp practice and dodgy signs.

The Consultation aims and what consumers have achieved so far, is explained with MHCLG links here so you can see where the English Government is at, which will be mirrored in Scotland so you will want your Government to get it right:

https://forums.moneysavingexpert.com/discussion/comment/78483718/#Comment_78483718

D_P_Dance

PE's signs are pants, read this and complain to your MP,

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

Tiny12345

interested to know how this works out for you. I just got a ticket at the same place.
I paid for 3 hours but had to wait to get a space and wait to leave the carpark however the cameras count the time you enter the car park....3 hours and 17 minutes. 

D_P_Dance

It is not a fine.

Tiny please read this

http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

complain to your MP, and, if you want advice, start your own thread.