Private fine in Scotland but lease car reg in England

stace_face38

Hi,

Recently received notice of a parking charge from a private firm (Smart Parking Ltd). Car is leased from Leasys who are based in England and are the registered keepers, however I am the leasee and live in Scotland. The email received from leasys to notify me of the PCN isnt very clear on whether they have charged me and paid Smart parking, but they do state they have passed them my details to them for liability -

"We have given your details to the relevant authority transferring liability of this offence to you. The authority will now contact you directly........should you be successful in your appeal and the authority issues us with a refund, we will credit the penalty charge amount back to you"

For now I have emailed leasys telling them that they should not have paid this on my behalf and will do a charge back if they have and that this 'fine' is non enforceable in Scotland but im not 💯 if this is correct as they are the registered keepers.
 
Can someone advise if I need to pay this? Was literally there for 20min to pick up my boyfriend from playing pool and forgot to get him to put my reg into the machine in the pool hall 🙄 TIA! 

Umkomaas

For now I have emailed leasys telling them that they should not have paid this on my behalf and will do a charge back if they have and that this 'fine' is non enforceable in Scotland but im not 💯 if this is correct as they are the registered keepers.

Right course of action.  There is no keeper liability in Scotland (at the moment), so the lease company could never have been held liable for the PCN. 

Once your position on whether they have paid Smart is clearer, please come back to let us know. 

stace_face38

Umkomaas said:

For now I have emailed leasys telling them that they should not have paid this on my behalf and will do a charge back if they have and that this 'fine' is non enforceable in Scotland but im not 💯 if this is correct as they are the registered keepers.

Right course of action.  There is no keeper liability in Scotland (at the moment), so the lease company could never have been held liable for the PCN. 

Once your position on whether they have paid Smart is clearer, please come back to let us know. 

Thank you...im going to call them tomorrow if no reply and clarify 

Castle

stace_face38 said:

 
Can someone advise if I need to pay this? Was literally there for 20min to pick up my boyfriend from playing pool and forgot to get him to put my reg into the machine in the pool hall 🙄 TIA! 

Did this take place in Scotland?

stace_face38

Castle said:

stace_face38 said:

 
Can someone advise if I need to pay this? Was literally there for 20min to pick up my boyfriend from playing pool and forgot to get him to put my reg into the machine in the pool hall 🙄 TIA! 

Did this take place in Scotland?

Yes it did, Bellshill to be precise!

Coupon-mad

The lease firm had no liability or business in this invoice (ONLY the driver does) and if they paid it that's their problem.

We suspect your vehicle lease t&cs only lets them pay fines and penalties from authorities? This isn't one, and there's no keeper liability at all for parking events on private land in Scotland.

DO NOT BE MISLED.

I WOULD NOT DO THIS BY PHONE.

stace_face38

Coupon-mad said:

The lease firm had no liability or business in this invoice (ONLY the driver does) and if they paid it that's their problem.

We suspect your vehicle lease t&cs only lets them pay fines and penalties from authorities? This isn't one, and there's no keeper liability at all for parking events on private land in Scotland.

DO NOT BE MISLED.

I WOULD NOT DO THIS BY PHONE.

Thank you. Im not sure whether I should be acknowleging this 'fine' with Smart...scared they will pass my details on to a debt collector. Im still in the appeal period, is it advisable to contact them or should I just ignore all correspondence from them? (Read the newbies thread but not sure it applies when the lease company have passed on my details!) 

Coupon-mad

Eh? Didn't you say the idiots at the Lease Firm have paid it?

stace_face38

Coupon-mad said:

Eh? Didn't you say the idiots at the Lease Firm have paid it?

No, said it wasnt clear from their email and surprise surprise they haven't answered my email back to them asking if they have paid it - 

"We have given your details to the relevant authority transferring liability of this offence to you. The authority will now contact you directly........should you be successful in your appeal and the authority issues us with a refund, we will credit the penalty charge amount back to you"

Nothings been taken from my bank by them so far...

Ralph-y

".should you be successful in your appeal and the authority issues us with a refund, we will credit the penalty charge amount back to you""

 so  they have paid it ...... there is so much wrong with that reply that it beggars belief 

stace_face38

This is the response I got today from leasys (clear as mud as they still havent stated whether they have actually paid smart or not 🙄) - 

"Good afternoon, 

Our usual fine processing action is to apply for a transfer of liability for any fine accrued, to request that the fine is transferred over from our name to your name. Some fine issuing bodies do not allow for this to occur.
As per the terms and conditions of your signed contract hire agreement, we can opt to pay and recharge a fine where transfer of liability is not possible and a fine remains in our name. This is to prevent further escalation of the fine in our name, as this could lead to court action.
We have supplied you with a letter of authority, you are still able to contact the issuing body to appeal, and supplement your correspondence with the letter of authority in order to appeal the fine. Please consider writing to them to lodge an appeal."

I actually spoke to the business that the car park is for today and the have stated that if I print the letter from smart parking out and take it in to them they will contact them and have it cancelled...what a palava!