Smart Parking PCN - Scotland

Atrasil

Newbie here looking for advice and clarifications after reading the newbie thread and other linked threads.

As the registered keeper of the vehicle in question, i received a PCN from Smart Parking for a 19 min overstay, cauptured by the ANPR system in a private car park in Scotland. 

In the past, i have ignored these letters and advised others to ignore them, but i believe times may have changed, and the introduction of the Transport (Scotland) Bill 2019 may now mean that if i don't name the driver, the keeper becomes liable?

So much conflicting information online; ignore if you're in Scotland, you can't ignore any more, appeal, don't appeal. I really don't know where i stand with current legislation and i can't find anything definitive on this?

Points to note:

I was not the driver.

I'm the registered keeper of the vehicle.

It was a retail store car park, which was closed at the time.

It was dark.

There are signs at the entrance and throughout the car park (i've checked it out since).

The question i have is, do i appeal stating that i was not the driver and i'm not disclosing who was, or do i just ignore?

Happy to answer any questions on this if it helps to provide a clearer picture of the situation.

Thanks

Fruitcake

The advice in the NEWBIES has not changed for keeper's in Scotland because the Transport Bill 2019 is not yet active in Scotland.

Plan A is still a complaint to the landowner and the keeper's MSP.

Plan B is still to ignore until the law changes.

The advice in the NEWBIES will be changed when keeper liability becomes a thing in Scotland thanks to your former Dear Leader who, despite wanting independence from the rest of the UK decided to import a law from England and Wales that will allow someone who was not in the vehicle at the time of an alleged parking event to be liable.

Atrasil

Thanks for the quick response.
Plan A - realistically, what are they going to do? It was out of hours, so there is no excuse that the driver was shopping.
Plan B - i couldn't see anything that said to ignore it on the newbies thread, hence my questions.

If the advice is Plan B for Scotland, this is my preferred course of action.

Coupon-mad

One of the first Q&A in the NEWBIES thread is:

Q - ''I'm in Scotland/NI, so is the advice different?''

Atrasil

Thanks. I did see that, but i can't see anywhere it says to ignore the PCN, just complain to the retailer and submit an appeal.

That was my question, do i appeal or just ignore? Even your blurb at the bottom says 'Don't pay but don't ignore it (except NI)', which makes me think i should be appealing it?

nopcns

Current advice is that you just ignore in Scotland. Until the Transport Bill become statute, there is nothing (not so) Smart Parking or anyone else can do. There is no keeper liability in Scotland (for now). (not so) Smart Parking (or any other PPC) does not know the identity of the driver. Even if they had a close up HD picture of the driver, they still don't know who it is. Think about it... if you took a phot of a random stranger, how could you identify that person short of asking them to their face and assuming they would oblige you when there is no legal requirement to do so. There is no magical database a private company can use to identify anyone from a photo.

Only the driver is liable. You have been contacted as the keeper.

So, ignore. Endof.

Coupon-mad

I agree. Perfectly safe.

The ONLY reason I suggest a complaint and first appeal as keeper (not driver, obviously!)  is to please the majority of posters here who commonly aren't keen on ignoring.  It's there to give them something to do and to stop people paying out of fear FOR NO REASON.

You don't sound like that. Safely ignore it!

Atrasil

Sounds good to me........ignore mode activated!

Atrasil

As a follow up to my orginal post and subsequent replies, i received my debt collector letter. All looks very threatening, with a lot of scaremongery words, e.g "If you don't respond, you are making an active choice." and "Our client reserves the right to take this as evidence of your intent not to pay." and "Do nothing. Fail to pay and your financial loss will increase significantly if your case goes to court and you are unsuccessful. With this choice we have to: Inform our legal team; Share contact evidence; and Advise legal action starts".

Unless anything has changed, i'm choosing to continue to ignore this. Is this correct?

Thanks in advance.

Gr1pr

You never named the debt collectors or their location 

If you get a letter from a Scottish solicitor or the sheriff court or office, it needs dealing with 

But debt collectors are powerless in England and in Wales and in Scotland 

Its the Simple procedures system and Scottish justice system etc you need to swot up on

Atrasil

They're based in England so i do question the validity of their letter given i live in Scotland and that i haven't responsed to the PCN or disclosed the driver, although i am the registered keeper of the vehicle.