Britannia Parking Scotland HELP

vst01

Oh thank you, I didn't know about the public consultation. I bookmarked the thread!
Someone said The Scottish Simple Procedure/Act of Sederunt rules prohibit a party from claiming expenses if the claim is less than £300. My partner parked at the same car park on the 31st of May and received his Britannia ticket on the post today discounted from 100 to £60. I'm the car keeper so now I got 2 letters on my name!  Now the total is 200 and will probably get higher with the extra fees.  Does this rule still apply? Or should my partner pay his own fine?  

vst01

Wanted to add that that car park was under a different management up until recently and the machines were broken so no one was getting a ticket. I noticed the other day that Britannia has put a sign on saying the car park is under new management which it wasn't there before.  Since we got the first letter we've never parked there before.

Coupon-mad

There aren't any 'fines'.  These are scams in Scotland as are the letters threatening 'county court' (a court system that you don't have).

Neither of you are paying or responding AT ALL.  Stop worrying, forget it but please BOTH (separately) take part in the Public Consultation!

There will be no court claim and this is true:
 "The Scottish Simple Procedure/Act of Sederunt rules prohibit a party from claiming expenses if the claim is less than £300."

Honestly, forget it.  IGNORE.

But we'll see you here in August to add Scottish voices to the Public Consultation.

vst01

Thank you, we will ignore both letters and the debt recovery action. 

We will both participate in August, thanks for organising. 

vst01

Hi everyone, just a wee update. As I mentioned before I understood that Britannia are scammers I sent an appeal to them and of course, they rejected it. That's their reply. Per your advice, I will keep ignoring, I was just wondering if they will definitely target me now that I appealed or again they just use strong language to scare me?

£60 to reach us by 26/07/2023 or £100 to reach us by 09/08/2023

Thank you for your appeal received on 17/06/2023 regarding the above Parking Charge Notice (PCN).

We have considered your appeal and comments you have made; in conjunction with any evidence you

have provided and the photographs we have on record.

This Parking Charge Notice is not POFA compliant, however, payment can still be sought under the old

‘implied-contract-with-the-driver’ rules used prior to POFA.

Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not

nominate anyone else.

Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as

the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you inform

us of the driver’s details, we will pursue them for the Parking Charge Notice. Please be aware that the

identity of the driver does not affect the validity of a Parking Charge Notice.

Our signs follow the standard requirements needed by the British Parking Association (BPA). We are

also audited yearly to ensure that signage is maintained and updated in line with the BPA’s

requirements. The signage clearly advises when a Parking Charge Notice will be issued, and no

ambiguous wording has been used. There is also a contact telephone number stated on the signage

should you require further clarification on the terms and conditions.

The Parking Charge Notice was issued to your vehicle because a valid ticket was not purchased. It is

the driver's responsibility to ensure that they have read and understood the terms and conditions for

using the car park.

Britannia Parking is an active member of the British Parking Association (BPA) and we follow their

Approved Operators Scheme, Code of Practice at all times. We meet all the requirements for our

signage as advised under section 19 and 20 for England and Wales or Section 27 and 28 for Scotland,

of the BPA's Code of Practice regarding signage and notifying the driver of the terms and conditions.

Therefore we consider there to be sufficient, clearly visible signage in the car park to draw your

attention to the terms and conditions of the parking contract that is on offer.

British Parking Association Code of Practice - Consideration and Grace Periods

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the

‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to

leave the car park, you must provide them with a reasonable consideration period to leave, before the

driver can be bound by your parking contract. The amount of time in these instances will vary

dependant on site size and type but it must be a minimum of 5 minutes.

13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.

(A ticket is purchased).

13.6 Neither a consideration period or a grace period are periods of free parking and there is no

requirement for you to offer an additional allowance on top of a consideration or grace period.

We give motorists a 10 minute consideration period on arrival before entering into the ‘parking contract’,

this is double the time recommended by the BPA. If the driver has not purchased a ticket within this 10

minute period, a Parking Charge Notice will be issued.

By leaving your vehicle in the car park without a valid ticket you have broken the terms and conditions

and therefore we believe the Parking Charge Notice to be valid and correctly issued.

You have now reached the end of our internal appeals procedure.

You now have a number of options from which to choose:-

1 Pay the Parking Charge Notice at the amount stated above. If any discount has been offered you will

be given a further 14 days to pay the discounted rate. Please note that after this time the discounted

rate will no longer apply.

2 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery

procedures and may proceed with Court action against you.

3 Make an appeal to POPLA - The Independent Appeals service. Please note that if you wish to appeal

to POPLA, you will lose the right to pay the Parking Charge Notice at the discounted rate, and should

POPLA's decision not go in your favour you will be required to pay the full amount. If you opt to pay the

Parking Charge Notice you will be unable to appeal to POPLA.

You must submit an appeal to POPLA within 28 days from the date of this outcome letter, by submitting

an online case at www.popla.co.uk 

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/)

provides an alternative dispute resolution service that would be competent to deal with your appeal.

However, we have not chosen to participate in their alternative dispute resolution service. As such

should you wish to appeal then you must do so to POPLA, as explained above.

vst01

Sorry just to clarify, I meant, I sent an appeal before I heard the advice from yourselves. 

Coupon-mad

Pelase read this that I wrote an hour ago and do come back to do the Public Consultation, as Scottish voices are needed:

https://forums.moneysavingexpert.com/discussion/comment/80175648/#Comment_80175648

Fruitcake

Your PoPLA code is showing. 

What a load of twaddle from Britannia.

They are lying when they say you can appeal to PoPLA because in Scotland only a driver can do so, yet the letter is addressed to the keeper. If a keeper appeals in Scotland they are effectively admitting they were the driver, which is exactly what the unregulated parking industry wants.

These two consecutive statements are contradictory.

Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not

nominate anyone else.

Britannia Parking have made no assumptions as to the identity of the driver. 


Nothing has changed. Ignore them. If there is another bog-roll shortage you will be ahead of the game.

Do keep an eye out for when the Scotland Transport Bill becomes live because thanks to your ex Mrs Dear Leader keeper liability will be imported from England and Wales, despite her spouting off about wanting independence.

vst01

Hi again, I've been getting emails and two letters from BW Legal and that if I don't make payment then the case will proceed to legal process and next letter would be a letter of claim.  Should I keep ignoring?? 

Coupon-mad

vst01 said:

Hi again, I've been getting emails and two letters from BW Legal and that if I don't make payment then the case will proceed to legal process and next letter would be a letter of claim.  Should I keep ignoring?? 

Yes.  You respond to a LBC just as the NEWBIES thread explains.

PLEASE PLEASE DO THE SAME AS HERE:

https://forums.moneysavingexpert.com/discussion/6471428/strange-fine-and-poor-response/p6

One email.  Direct to the Government's ear.

Attach your evidence and say why aggressive 'solicitors' increasing the PCN to £160
or £170 does NOT deter you from your point of principle re your unfair parking charge: 'I am not paying up and increasing it to £170 makes me even less likely to pay!'

Use your case. Attach those letters for the Government to see.  Answer just question 4 and explain your decision-making and how those letters make you feel (scared? Angry that this is allowed?).

Easy stuff. Change the law.  Please help!

Do it this week please.