Lease car with a parking fine (Scotland)

mariahey

Hello, I would be appreciative of any assistance anyone can give me. (I am from Scotland and own a lease car)

I received a parking fine by email which was sent by my lease company saying I have a fine to pay to Smart Parking Ltd.

This is said in the email and I quote :

“The legislation has changed. To read more about this within The Protection of Freedoms Act 2012, please log onto

www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

The changes mean that LeasePlan as the registered keeper can be held liable for these charges if you take no action.

In the event we receive a second notification from a Private Parking Operator for the same offence, we will pay the outstanding amount and recharge this amount to you. Please note this additional step may incur a further administration fee as set out in the terms and conditions of your contract.”

I’m panicking a little bit as I know for non-lease cars you may usually ignore. But if I ignore this will the lease company be charged and then consequently I will be left with an even bigger charge.

I’d really appreciate some advice as I have no idea what to do. 

Many thanks. 

  

Fruitcake

It is not a fine, nor is it an offence. The legislation in Scotland has not changed ... yet.

If the registered keeper is the lease company, then they are liable for the charge if the car is registered in England and Wales unless they name you as the hirer/lessee.
If the lease company is the registered keeper and the vehicle is registered in Scotland, then they, the lease company are not liable. They then have the choice of ignoring it or naming you as the hirer/lessee.

If you are the registered keeper then you are not liable. The PoFA 2012 does not apply in Scotland.

If the lease company want you to deal with it, they MUST tell Smart that you are the hirer/lessee. 

For us to help you further, we need to know in whose name the vehicle is registered, and in what nation within the UK it is registered.

You should also carefully read the terms of your lease to see what it says about parking charge notices from an unregulated private parking company. MPs across all parties have referred to these unregulated companies as rogues, scammers, and bloodsuckers in open parliamentary debate.

You should also complain to your SMP. If you are really lucky it will be Pete Wishart who knows all about the underhand antics of Smart Parking.

Castle

Did this parking event happen in Scotland?

mariahey

My car is registered in Scotland

My lease company is registered in England and Wales

My lease company is the registered keeper

In the email it also states ‘We have given your details to the relevant authority transferring liability of this offence to you. The authority will now contact you directly.’

mariahey

Castle said:

Did this parking event happen in Scotland?

Yes it did, I live in Scotland and this happened in Scotland

Umkomaas

In the email it also states ‘We have given your details to the relevant **authority** transferring liability of this offence to you. The authority will now contact you directly.’

That should see a Notice to Hirer arrive with you soon. When it does, come back to us. I think you'll need to respond to that (rather than completely ignoring it) to avoid Smart going back to the lease company and them thinking it's not worth the hassle, pay Smart off, and bill you (with a tasty admin charge bolted on for good measure!). 

** Smart Parking are by no means an 'authority' in anyone's language!

mariahey

Fruitcake said:

It is not a fine, nor is it an offence. The legislation in Scotland has not changed ... yet.

If the registered keeper is the lease company, then they are liable for the charge if the car is registered in England and Wales unless they name you as the hirer/lessee.
If the lease company is the registered keeper and the vehicle is registered in Scotland, then they, the lease company are not liable. They then have the choice of ignoring it or naming you as the hirer/lessee.

If you are the registered keeper then you are not liable. The PoFA 2012 does not apply in Scotland.

If the lease company want you to deal with it, they MUST tell Smart that you are the hirer/lessee. 

For us to help you further, we need to know in whose name the vehicle is registered, and in what nation within the UK it is registered.

You should also carefully read the terms of your lease to see what it says about parking charge notices from an unregulated private parking company. MPs across all parties have referred to these unregulated companies as rogues, scammers, and bloodsuckers in open parliamentary debate.

You should also complain to your SMP. If you are really lucky it will be Pete Wishart who knows all about the underhand antics of Smart Parking.

Hi, thank you so much for this information. I just thoroughly read your message. 

So the lease company is the registered keeper and the vehicle is registered in Scotland, I live here. In the email, the lease company sent they did say that 'We have given your details to the relevant authority transferring liability of this offence to you. The authority will now contact you directly'.

and then they continued the email by saying I need to pay this, and if the lease company received 'a second notification from a Private Parking Operator for the same offence, we will pay the outstanding amount and recharge this amount to you, which may incur in an administrative fee.'

So I am unsure where I stand with this now. 

mariahey

Umkomaas said:

In the email it also states ‘We have given your details to the relevant **authority** transferring liability of this offence to you. The authority will now contact you directly.’

That should see a Notice to Hirer arrive with you soon. When it does, come back to us. I think you'll need to respond to that (rather than completely ignoring it) to avoid Smart going back to the lease company and them thinking it's not worth the hassle, pay Smart off, and bill you (with a tasty admin charge bolted on for good measure!). 

** Smart Parking are by no means an 'authority' in anyone's language!

Brilliant. So I wait to hear from Smart Parking, and what should I respond to them with? Just that I don't agree with the charge? It's when these things happen that I regret getting a lease car!

Umkomaas

mariahey said:

Umkomaas said:

In the email it also states ‘We have given your details to the relevant **authority** transferring liability of this offence to you. The authority will now contact you directly.’

That should see a Notice to Hirer arrive with you soon. When it does, come back to us. I think you'll need to respond to that (rather than completely ignoring it) to avoid Smart going back to the lease company and them thinking it's not worth the hassle, pay Smart off, and bill you (with a tasty admin charge bolted on for good measure!). 

** Smart Parking are by no means an 'authority' in anyone's language!

Brilliant. So I wait to hear from Smart Parking, and what should I respond to them with? Just that I don't agree with the charge? It's when these things happen that I regret getting a lease car!

Let's see what the NtH says first. 

Fruitcake

As a precaution I suggest you write to/email the lease company to point out the following.

Legislation in Scotland has not changed.

The Protection of Freedoms Act 2012 (PoFA 2012) was never enacted in Scotland. It does not exist in Scottish law.

Consequently, the keeper of a vehicle registered to a person or company at an address in Scotland cannot be held liable for a parking charge notice from an unregulated private parking company such as Smart Parking Limited because there is no Scottish law that allows it.
In other words *insert name of lease company here* cannot be held liable for a parking charge notice from an unregulated private parking company such as Smart Parking Limited. Whilst they had the option under Scottish law of ignoring the charge, they have chosen instead to name you as the hirer/lessee.
(Personally, I don't think that is unreasonable).

Smart Parking Limited are not an authority, and cannot issue fines or penalties to a motorist anywhere in the UK. They are one of a number of unregulated private parking companies referred to as rogues, scammers, and bloodsuckers by MPs across all parties, including SMPs, in open parliamentary debate.
They do not offer an independent appeals service.

As hirer/lesse, you are the day to day keeper. Since the PoFA 2012 does not exist in Scottish law, as day to day keeper, you cannot be held liable for a parking charge from an unregulated private parking company. In addition, again since the PoFA 2012 does not exist in Scottish law, as hirer/lessee, you cannot be held responsible for the charge.

Any attempt by *lease company* to pay this charge and transfer payment to you will be considered unlawful. *Lease company* are therefore instructed not to pay this or any other parking charge notice from this or any other unregulated private parking company. 



As already mentioned, you need to see what your lease says about parking charge notices from private parking companies. These are not fines or penalties and must be distinguished as such.
You should also check if the lease company is a member of the BVRLA which has told all its members not to pay these charges, but instead to forward them to the hirer/lessee. If they are a member, and paid a subsequent reminder for the original charge, they would be in breach of their trade association's requirements.

If your lease makes no mention of parking charge notices from private parking companies, and/or makes no mention of paying any such charges, you should add a paragraph that if they decide to pay, it will constitute a breach of contract.

See what happens, but you may want to include threats of legal action against the lease company if they persist in saying they will pay the charge, or actually go ahead and pay it.

Coupon-mad

Just so you know, when you get your NTH it should be easy to appeal (as hirer/lessee of course - see NEWBIES thread) but DON'T try POPLA because in Scotland, horrifically, POPLA say only an admitted driver can appeal. Do not do that!

ABSOLUTELY NO SAYING WHO WAS DRIVING, IN ANY COMPLAINT OR APPEAL.