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Parking Charge (in Scotland) (Smart Parking)

I have trawled through various posts, both on here and in other forums and Google search results but, if anything, I am even more confused as there seems to be a few common, but conflicting, pieces of advice.

I have also been searching to see whether Part 8 of the Transport Scotland Act is now law - can't seem to find a definitive answer but I am thinking that it isn't (yet).

I have received a parking charge notice in the post today from Smart Parking.  The notice includes photographic evidence of my vehicle entering their car park, then leaving a few minutes later.

The 2 common pieces of advice sem to be :-
  1. Just ignore the letter, and any further letters that arrive, and they will eventually give up.
  2. Contact them and explain that I was not the driver, and that I am not required to tell them who was driving.
Which is correct or, if they both are, which is best?  Does anyone have real experience with same situation with Smart Parking, in Scotland, that can advise how it went for them?

Comments

  • Coupon-mad
    Coupon-mad Posts: 147,942 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 January at 9:22PM
    Answered minutes ago, yet again:

    https://forums.moneysavingexpert.com/discussion/6580427/scotland-dcbl-advice

    I even cover the fact (in that reply) that keeper liability hasn't come in yet for you.

    Everyone ignores Smart Parking; they aren't even litigious in England! Joke of a firm IMHO.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • rjabse
    rjabse Posts: 14 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Answered minutes ago, yet again:

    https://forums.moneysavingexpert.com/discussion/6580427/scotland-dcbl-advice

    I even cover the fact (in that reply) that keeper liability hasn't come in yet for you.

    Everyone ignores Smart Parking; they aren't even litigious in England! Joke of a firm IMHO.
    Thanks - did see your post in my earlier search, and have done the forum search phrase that you recommended.

    You say above that everyone ignores Smart Parking, but then your post footer says " PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland)" -  Do I ignore it or not?
  • Umkomaas
    Umkomaas Posts: 42,863 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ignore it in Scotland. No keeper liability there. Will come in later (this year possibly, or even in 2026).  Will never have retrospective applicability. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 147,942 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 January at 1:50AM
    Yep I only updated my signature to remove the word Scotland last year (it used to say "ignore if in Scotland or NI").

    I only changed it because I am personally involved on the Government's Parking Code Steering Group to shape the new rules and was anticipating the imminent finalising of the new statutory rules in Summer 2024.

    Didn't happen. But it is coming.

    IGNORE SMART PARKING & £170 DEMANDS.  COMPLETELY SAFE.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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