Advice please!

happybadger2

Hi folks, I'm sorry this is probably repetition but I'm very confused by the advice I've found on the forum so far! Not very technically minded!

A couple of weeks ago I was told by a colleague to park in a local hotel car park to attend a meeting. I did that and (idiot that I am) ignored the signs that were about. There is a lot of building work going on in the town so I assumed it would be the same as other car parks - unmanned and ignored! 

When I got to the meeting I was advised to move my car, so I did. I was in the car park for about 20 mins. Unsurprisingly I have received a fine from Smart Car Parks. 

I have sent in an appeal with the information above but at no point have I said I was the driver. I used "the driver" throughout the message as I'm in Scotland and I've read about the difference between registered keeper/ driver.

I guess my question is, am I able to ignore the charge when the appeal is inevitably rejected? I read somewhere that they are increasing the number of fines they chase in court but haven't found any evidence of this. I'm on mat leave so really don't want to be forking out £80 that needs to be spent on baby formula and childcare!!

Huge thanks in advance and again, apologies for repetition. I know I've been an idiot...I may end up just paying the fine!!

Nellymoser

Did you mean to write..."but at no point have I said I was the driver. I used "the driver" throughout the message as I'm in Scotland"

You can ignore the flow of letters threatening court action and CCJ. We've no County Courts in Scotland we have Sheriff Courts. It's highly unlikely you'll receive a letter from a Scottish Solicitor or Sheriff Clerk for a single pcn. PP firms don't actually pursue single pcns through the Scottish Court system.

fisherjim

On the contrary I would be very surprised if you received a "fine" from Smart Parking (who I assume you mean) you will have received a parking charge or invoice not a fine!

You never assume anything with car parks always look for the signs, and try to avoid ones with private parking scammers infesting them anyway.

But your luck is in, you are in Scotland and the idiots will huff and puff and threaten but nothing will happen certainly don't pay an unregulated scam charge to not so smart, ignore them now and any pointless debt collector letters that will follow.

There is no "increasing number of cases they are chasing in court", though that will change in future when Ms Stugeon's plan to adopt the English ways she so detested are finally adopted, but that will not be retrospective so don't worry.

happybadger2

Thank you Nellymoser, that's really helpful! Hopefully I get forgotten about!

JohnSwift10

I also live in Scotland and have had a few parking "fines" including a few from a hospital car park which is free anyway, you are supposed to get a ticket from the machine but it was pouring rain and it was in the wrong direction.

Ignore them all, do not even write confirming you got them, just ignore them.

After a couple more threatening letters they give up.

happybadger2

Thanks JohnSwift10, I've had a fine from a different provider before and got scared into paying it!! It's very intimidating when they have a picture of your car!!

Iceweasel

No - you won't be forgotten about at all.

Little chance of that - I  have a drawer full of such invoices dating back years.

Remember they are not fines - only unsolicited invoices.

It's almost certain that you will receive lots more letters at approx monthly intervals threatening all sorts of dire consequences if you don't pay up.

Round about the 3rd letter they will  more than likely be from some cheapskate debt collectors supposedly acting for the PPC.

Do not be swayed by any of their nonsensical threats of things which are not possible.

Stay schtumm and continue to be a 'happybadger'.

The letters will peter out after about 5 or 6 months - but will reappear years later, just before the 5 year limitation for such claims.

All designed to scare the unwary into paying when they thought they had 'been forgotten about'.

Enjoy your maternity leave.

happybadger2

Brilliant Iceweasel, that's very comforting! At least I'll have plenty of paper to line my cat's litter tray over the next few years!!

happybadger2

Thanks also to Fisherjim! I really appreciate your reply - I certainly am lucky to be in Scotland with this!

Nellymoser

Please consider signing petitions asking Govt to address private parking operators unfair practice.

https://forums.moneysavingexpert.com/discussion/6595460/parking-petitions-x-6-on-uk-parliament-petitions-website

Coupon-mad

 JohnSwift10 said:

I also live in Scotland and have had a few parking "fines" including a few from a hospital car park which is free anyway, you are supposed to get a ticket from the machine but it was pouring rain and it was in the wrong direction.

Ignore them all, do not even write confirming you got them, just ignore them.

After a couple more threatening letters they give up.

happybadger2 said:

Thanks also to Fisherjim! I really appreciate your reply - I certainly am

lucky to be in Scotland with this!

Both of you need to be aware that the law in Scotland will change.

Keeper liability is already in your Transport Act (copy if Schedule 4 of the POFA) but that change won't take effect until 2026 sometime, once the Government's Code of Practice is in place with an appeals service.

Tell ALL the drivers in your family. Be ready.

Start being more careful on private land and always read signs, look out for time limits, ANPR cameras and VRM keypads.