Advice on a PCN received when I did not actually park there at all!

sedzz

This is a bit of a frustrating case from my point of view, but I have received a PCN for a charge that was not committed.

Here is what happened:

I live on a small one-way street in Edinburgh next to a local entertainment place, I have my own parking permit that permits me to park on my street - there is a long-ish driveway at one end of the street that goes down to this entertainment place which has a very shallow and tight parking area, our street is very populated and one way, there is often vehicles blocking the other end of the street

The charge in question happened one day when I left for work in the morning, I could not use a driveway at the end of the street to turn the car around in, so I had to use the very end/top part of the driveway of the entertainment place to turn my car around in and then head off to work

At lunch time, I often come home to check on my cats, take medications and eat before heading back to work - the same thing occurred here where the dead-end of the street was blocked off by tradespeople vans, so I had to use the top end of the drive-way of this entertainment place to turn the car around in

They have sent me a PCN for parking for a total of 4 hours at this place alongside two photos with time stamps, the photos in question show ONLY the front wind-screen view of my car (as all I did was use the very end of the driveway to turn around in

The problem is my place of work does not have CCTV and I did not take any photos of my car parked at work or outside my house on the street while I was home (because why would I without hindsight of knowing I would get a PCN) so I'll have an incredibly hard time proving this even though I think it's incredibly obvious

Some extra information (not sure if relevant) the charge occurred during ours where the premises WAS NOT open (they open in the evening)

I am going to speak to the premises in question about this but not realistically sure what I can do?

Thanks for your help and apologies if I have not followed any proper procedure, I am quite panicked by this

Gr1pr

Who is THEY. ?  Name the parking company 

As this is in Scotland, does the registered keeper reside in Scotland. ?  Is the V5c registered to an address in Scotland. ?

sedzz

The parking company in question is 'Smart Parking'

Yes to both questions, the registered keeper resides in Scotland and the V5c is registered to an address in Scotland

Gr1pr

sedzz said:

The parking company in question is 'Smart Parking'

Yes to both questions, the registered keeper resides in Scotland and the V5c is registered to an address in Scotland

In that's case, IGNORE the letters 

Nothing will change for Scotland until at least next year, so you can ignore Smart parking and their debt collectors 

Coupon-mad

sedzz said:

The parking company in question is 'Smart Parking'

Yes to both questions, the registered keeper resides in Scotland and the V5c is registered to an address in Scotland

So you just ignore it then. Totally ignore.

Search the forum for:

Scotland parking law change 2025

sedzz

Thanks for your advice

I have a slight hesitation to do that as I will be looking to get a mortgage early next year and worried this could have a negative impact on credit ratings? Or am I misinformed and this is not the case?

sedzz

I forgot to mention I have submitted an appeal so I cannot totally ignore the letters

Gr1pr

Not the case, Scotland doesn't have CCJ s, but does have decrees 

Study the simple procedures justice system in Scotland 

You would have to be sued via the Sheriff and receive a decree before any negative impact on your credit rating 

Smart parking are not going to try a claim in Scotland for below £300 for a single PCN , especially when there is no keeper liability in Scotland at the moment 

You are either misinformed, or uninformed 

KoalaMSEF

Devolution of Scotland means that Scotland does things differently from England and Wales. In fact, many things are different including buying and selling properties, among other things. If Scottish law does not allow the bloodsucking private parking companies to make a claim in the small claim courts, there is nothing else they can do other than threatening you and bullying you into paying. If/when Holyrood is/has been silly enough to change the law, that's when things will change. I really hope SNP is smarter than that, but if money is the main cause, I can easily see why they do so. 

prowla

sedzz said:

Thanks for your advice

I have a slight hesitation to do that as I will be looking to get a mortgage early next year and worried this could have a negative impact on credit ratings? Or am I misinformed and this is not the case?

If you go to court and get found against and refuse to pay then you could get a CCJ, which could affect our credit rating.

But you're lucky North of the border - the parking scammer can't take the keeper to court.

Of course, the overriding rule is do not identify yourself as the driver.

Coupon-mad

sedzz said:

Thanks for your advice

I have a slight hesitation to do that as I will be looking to get a mortgage early next year and worried this could have a negative impact on credit ratings? Or am I misinformed and this is not the case?

You are misinformed. This is not the case in Scotland.  You did the forum search I gave you (in bold) already and read a dozen threads? Please do that.