SMART PARKING Fine

calcr

Hi All, just trying to get a blunt answer on wether a friend should pay up on a SMART PARKING fine that in all honesty has been a genuine oversight, but still seems harsh. They have appealed and it has been rejected but as they have been away with work for a couple of weeks since the rejection letter has been issued the penalty amount has obviously risen. The given time is 1 hour but they had not noticed inside to input the registration and were more than 20 mins over the allotted time. The appeal included this and also had issues with a child needing changed last min after an accident. I don’t want to take up much of anyones time it was really just to tell them wether they should appeal further or bite the bullet as the rejection cites the next option as appealing to POPLA. Many many thanks.

SergeiK

Was the driver identified? Don’t elaborate, yes or no

Smart parking are not reliant on POFA so a non driver identified appeal to PoPLA would deal with this 

calcr

Apologies, to give more information it was in Paisley in Scotland as I’ve read through several Newbies threads trying to find similar as I know it’s changed/may have due to the transport bill. I’ve also seen it’s capped at £50 but the fine is for £60 saying it will likely be £100 now. 

calcr

SergeiK said:

Was the driver identified? Don’t elaborate, yes or no

Smart parking are not reliant on POFA so a non driver identified appeal to PoPLA would deal with this 

I appreciate the quick reply thanks, I don’t want to elaborate but they aren’t sure if they used language in the appeal like “l” for example that would give that. I also feel as if the picture is relatively clear were it to be used.

SergeiK

But you're not a Scotland resident? Have a good look through the newbies thread

Plan A is always to complain to the landowner and nobody here will advise you to pay 

the new gov CoP is not live yet and currently on hold pending a review.

the guys here are excellent and I’m sure one of the regulars will advise further

calcr

SergeiK said:

But you're not a Scotland resident? Have a good look through the newbies thread

Plan A is always to complain to the landowner and nobody here will advise you to pay 

the new gov CoP is not live yet and currently on hold pending a review.

the guys here are excellent and I’m sure one of the regulars will advise further

Sorry they are Scottish and a resident local to where it was issued. I tried to see similar through the newbies thread but I’ve saw conflicting stuff saying just ignore it and then others saying once you’ve appealed you’ve entered into a contract and such. Just got myself in a bit of a spin trying to find the most recent advice and wether to tell them it’s more hassle to appeal or wether it was a worthwhile fight. Many thanks again for your time.

Fruitcake

The advice in the NEWBIES for motorists in Scotland and NI is correct and up to date.

There is no keeper liability (yet) in Scotland.

There is no PoPLA (or any other independent parking appeals process) available for a keeper in Scotland.

Plan A, the keeper should complain to the landowner and their SMP.

If Plan A fails, the keeper (or driver if they have been identified) should then wait for this to time out after 5 years unless they get a claim from a Scottish court using the Act of Sederunt/Simple Procedure rules, which is unlikely for a single parking invoice as this cannot be used for anything under £300 in Scotland.
Multiple parking invoices are a different matter.

All motorists in Scotland should be aware that keeper liability is likely to come into force some time next year, meaning someone who was not in the vehicle at the time of the alleged event can be held liable for a charge from a private parking company.

I am not sure why the Dear Leader of Scotland on the one hand says they want independence from the rest of the UK, then copies a ridiculous law from south of the border.

calcr

Fruitcake said:

There is no keeper liability (yet) in Scotland.

There is no PoPLA available for a keeper in Scotland.

Plan A, the keeper should complain to the landowner and their SMP.

If Plan A fails, the keeper (or driver if they have been identified) should then wait for this to time out after 5 years unless they get a claim from a Scottish court using the Act of Sederunt/Simple Procedure rules, which is unlikely as this cannot be used for anything under £300 in Scotland.

All motorists in SCotland should be aware that keeper liability is likely to come into force some time next year, meaning someone who was not in the vehicle at the time of the alleged event can be held liable for a charge from a private parking company.

I am not sure why the Dear Leader of Scotland on the one hand says they want independence from the rest of the UK, then copies a ridiculous law south of the border.

Thanks very much, I’ve been checking more through the newbies thread trying to find a template but my friend is going to go into the establishment to try and get an email to complain to management to see if it can be cancelled that way. If not I’ll come back and hunt some more. Thanks once again.

Fruitcake

It is not a fine, so nobody should be using that word.

There are no templates for complaints.

Remember, the keeper complains, nobody else. They should only mention that they were an occupant of the car if that is the case, or that they were not in the car if the alternative was true.

They should never mention the driver's identity.

Coupon-mad

And if the retail park or landowner won't cancel this, IGNORE IT BECAUSE YOU STAY IN SCOTLAND. Could have ignored it anyway.

Certainly no paying nor trying POPLA due to you being in Scotland.  No need to appeal nor worry.

Keeper liability comes in next year or in 2024 and will not be retrospective.

calcr

Coupon-mad said:

And if the retail park or landowner won't cancel this, IGNORE IT BECAUSE YOU STAY IN SCOTLAND. Could have ignored it anyway.

Certainly no paying nor trying POPLA due to you being in Scotland.  No beed to appeal nor worry.

Keeper liability cones in next year or in 2024 and will not be retrospective.

I appreciate this thank you, I had advice from the forum before advising to ignore it but I hadn’t engaged with them in any way. Wasn’t sure how it went once they had appealed as I’d read about that constitutes you entering into a contract and essentially acknowledging it was you. Thanks very much everyone I’ll pass this on.