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Kinnoul, St Perth Scotland smartparking

Hello,
Looking for a wee bit of advice/reassurance.

I parked in this car park and used the Ringo app. A few weeks later I was sent a PCN - unfortunately on using the Ringo app it had my previous cars registration linked to the account. I appealed saying that I had paid but for the wrong car - they (funnily enough) rejected my appeal and I have had a couple of further payments from Debt Recovery Plus.

They are saying that its because Im in contravention of their rules (even though I paid) but spoke to citizens advice and they said that I should check the code of conduct for their registered body (the BPA) but that its very unlikely anything will happen.

Am I right to just be ignoring the letters - got another one in today demanding £170 or they will recommend taking me to court.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    SMART can certainly take a driver to court using the simple procedures for scotland system, especially as you blabbed about who was driving (a foolish thing to do)

    DRPL are powerless and should be ignored

    there are a few Scottish MP,s that hate SMART parking, read the government debates on the new bill going through parliament, so complain to your local MP
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Read what one MP recently said in the H of C about Smart Parking.

    Pete Wishart (SNP, Perth):

    "I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.

    The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

    The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

    All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    now going to committee stage next tuesday the 26th feb 2019

    https://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    The advice for Scotland is to continue to ignore them.
  • whizper
    whizper Posts: 2 Newbie
    First Anniversary
    Hello,

    I see the UK bill has become law since the original post.
    Is the advice still to ignore for Scotland?

    Asking because...same car park, a similar genuine mistake made with wrong registration entered, just last month.

    Also, the PCN mentions POPLA appeals are available in Scotland since 1st May 2019...but an appeal needs to be made with Smart first.

    Thanks
  • adam5816
    adam5816 Posts: 51 Forumite
    Combo Breaker First Post First Anniversary
    IGNORE, they cannot pursue the keeper in Scotland, only the driver. NEVER REVEAL THE DRIVER.
  • Umkomaas
    Umkomaas Posts: 41,320 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Complain to MP for Perth, Pete Wishart, he's going ballistic about Smart Parking. He hates them with a passion!
    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
  • DoaM
    DoaM Posts: 11,863 Forumite
    First Post First Anniversary Name Dropper Photogenic
    whizper wrote: »
    Also, the PCN mentions POPLA appeals are available in Scotland since 1st May 2019...but an appeal needs to be made with Smart first.

    I'm not sure that's true. But even if it is, I'm pretty sure it's voluntary anyway. (As in, even if you followed it there's no mandate that a PPC has to abide by the outcome).
  • Umkomaas
    Umkomaas Posts: 41,320 Forumite
    First Anniversary Name Dropper First Post Photogenic
    DoaM wrote: »
    I'm not sure that's true. But even if it is, I'm pretty sure it's voluntary anyway. (As in, even if you followed it there's no mandate that a PPC has to abide by the outcome).
    POPLA will consider private parking appeals for Scotland provided the name of the driver is given. :rotfl:

    Takers would be daft.
    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
  • whizper
    whizper Posts: 2 Newbie
    First Anniversary
    Umkomaas wrote: »
    Complain to MP for Perth, Pete Wishart, he's going ballistic about Smart Parking. He hates them with a passion!

    Thanks. Yes, Pete seems to be at the end of his tether with them! I'll happily add fuel with a complaint. Terrible system, and deliberately confusing to use no doubt.

    Thank you everyone for your quick replies.
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