Smart Parking

Hattie627 · 5 March at 8:42PM

Has anyone ever been taken to a civil court in Scotland for one parking charge notice issued by Smart Parking?

A friend has one. Totally unfair situation. He could appeal to the company but he's very ill

Woodstok2000 · 5 March at 8:56PM

I'd say its very very unlikely unless you did something stupid like admitting you were the driver. There's no keeper liability up here in the civilised world, so they cant do anything if you don't tell them who was driving....

Hattie627 · 5 March at 9:03PM

Thank you. I last looked into this at least 10 years ago. so a bit rusty. I know that keeper liability in Scotland has been enacted (2019?) but not yet brought into force. I've had these notices in the past (a couple, probably a decade ago) and ignored them and nothing has happened. No admission of who was driving, it was a camera. There won't be any admissions!

Coupon-mad · 5 March at 10:51PM

"Has anyone ever been taken to a civil court in Scotland for one parking charge notice issued by Smart Parking?"

No, never.

Nothing will happen except DCB letters.

Get his family to complain to the landowner and get his constituency MP to lean on Smart to rescind it.

Also: If he has a long term debilitating health condition then he is protected by the Equality Act 2010, which means he is legally entitled to extended free parking time and cannot be pursued for 'overstay' (if that's the allegation).

Hattie627 · 5 March at 11:01PM

Hi again,

I have been doing some background reading of (recent) threads in which Scottish parking charge notices have been discussed. I found an extremely helpful post from February 2025 (not too long ago) which I have re-produced below (hope that is okay, it is simply to help others reading this thread, just as the post has helped me). I was involved with Scots law before I retired but was never familiar with civil procedure in the sheriff court, and certainly not with the sheriff court Simple Procedure (introduced around 2016 for low value claims).

Edited to add: it looks like there have been several proposed start dates for registered keeper liability in Scotland which have not been kept. It's now supposed to start in 2026. Readers of this thread should be aware, and check if it has come into force if reading this at a later date.

Here's the post:-

If you've read the Newbies/FAQ thread, you would already know that DRP, DCBL et al are nothing but powerless debt collectors. They are not a party to the contract allegedly breached by the driver. All they can do is try and scare the low-hanging fruit on the gullible tree to pay up out of ignorance and fear. Ignore them. Never, ever, ever, EVER, try and communicate with a useless and powerless debt collector. Use their letters to line the bottom of a litter tray.

Since you, the defendant, are domiciled in Scotland and the alleged parking contract was also formed in Scotland, the claim must be pursued in a Scottish court under Scottish law. DCB Legal and their client, ECP, an English, unregulated private parking company, would face significant difficulties and costs in trying to recover the alleged debt of £680, which is already falsely inflated by at least ~£210 in fake charges.

Because of jurisdiction issues, the claim cannot be issued in England. Under the Civil Jurisdiction and Judgments Act 1982, where both the defendant is domiciled in Scotland and the alleged contract was formed in Scotland, the case must be pursued exclusively in Scotland. The claimant cannot issue proceedings in England, as English courts have no jurisdiction over a claim that has no legal connection to England.

For DCB Legal, an English registered company, to initiate litigation in Scotland, a claim of £680 would need to be raised under the Simple Procedure in the Sheriff Court. The court fee to issue the claim is £127. If you do not accept postal service of documents, Sheriff Officers must be hired to serve the claim, which costs £60 to £100. DCB Legal would need to instruct a Scottish solicitor because they are not registered to conduct litigation in Scotland. This would cost at least £250. If a hearing is required, additional legal fees of at least £150 would apply. The total estimated minimum costs just to issue the claim would be between £437 and £577, before any additional legal complications.

The claim is unlikely to succeed because there is no keeper liability in Scotland. Unlike in England, Scottish law does not recognise Keeper Liability under Schedule 4 of the Protection of Freedoms Act 2012. The parking company can only hold the driver liable. If they do not know who was driving, the claim has no chance of success. DCB Legal is not a Scottish law firm and would have to hire a Scottish solicitor, increasing costs. The claim probably already includes at least £210 of fake "debt collection/damages" fees, which are not legally enforceable under Scottish consumer law and would likely be struck out.

Given the high costs, the lack of legal basis for keeper liability, and the risk of the claim being dismissed, it is extremely unlikely that the claimant or the totally incompetent DCB Legal would proceed with litigation in Scotland. They will most likely to continue sending threatening letters, hoping you are low-hanging fruit on the gullible tree and will pay out of ignorance and fear, but there is no realistic prospect of court action.

Hattie627 · 5 March at 11:09PM

https://forums.moneysavingexpert.com/discussion/comment/81911243#Comment_81911243

Thanks. I have emailed the landowner (a private hospital company) on his behalf asking them to instruct their parking management company (Smart Parking) to cancel the notice. The circumstances (no need to bore readers with the sad tale) make this the fair and just thing to do. Waiting for a reply.