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    • andyspeake
    • By andyspeake 11th Oct 16, 8:43 PM
    • 7Posts
    • 7Thanks
    Smart Parking PCN paid by lease company (arval) - Scotland - Help on what to do now!?
    • #1
    • 11th Oct 16, 8:43 PM
    Smart Parking PCN paid by lease company (arval) - Scotland - Help on what to do now!? 11th Oct 16 at 8:43 PM
    Hi All,

    I've been reading over several previous threads on similar PCN's through leasing companys and various legislation but seems like this mostly applies to England/Wales and not Scotland where I am from, feel a bit confused as to how to handle this. Here's where i'm at.

    A PCN was posted to my lease company Arval who proceeded to pay this invoice before contacting me in anyway. They then sent the letter through advising of the PCN and will take it out through direct debit on the 17th October.

    Smart Parking PCN
    The car park is enforced by APNR cameras, on the day I did purchase a ticket which is tied against the registration number but they claim a ticket was never purchased. I must have incorrectly entered the reg on the ticket. Unfortunately i no longer have this ticket.

    At the time of entering the car park, there was literally 2-3 other cars parked and was dead. If they checked CCTV they would see me walking over to machine and purchasing a ticket. They could even check the list of tickets purchased that day and see it was me a no other cars entered or left the car park 10-15 mins before or after I entered.

    What i've done so far
    I immediately emailed the fines department @ arval advising they should not pay this and should appeal - Smart parking could easily check CCTV and tie it in with the list of ticket purchased at the time to see I may have mad a mistake with the registration.

    Arval confirmed they have appealed to smart parking to check CCTV.

    Days later I then recieved the Arval invoice for the "parking fine" of £60 plus the admin fee. So i chased again to confirm the status of the appeal with smart parking.

    Arval confirmed Smart parking have rejected the appeal, saying they don't have CCTV which is nonsense.

    This is the last correspondance from Arval:

    Thank you for your email.

    I have received a response and unfortunately Smart Parking has decided to reject your appeal. Please find attached a copy of the correspondence explaining the reasons why this fine remains valid.

    Unfortunately on this occasion Arval are unable to appeal this any further. I apologise that this is not the desired outcome.

    Next Steps
    It looks like POFA and POPLA doesn't apply in scotland.

    Arval quoted these the initial respone to me asking them to appeal
    Thank you for your email.

    The parking charge notice was issued as no payment was made, I have written to Smart Parking asking them to check CCTV as the registration number might have been entered incorrectly. As soon as I hear back from them I will advise.
    Arval will ensure that the parking company is a member of the BPA - British Parking Association or the IPC Ė Independent Parking Committee. This is an approved operator scheme designed specifically for BPA or IPC members, involved in parking enforcement services on private land, or in unregulated public car parks.
    Only an approved operator will be able to obtain registered keeper details from the DVLA - any company/organisation accessing Vehicle Keeper data via an electronic request process (that is not a Local Authority or Government Organisation), must be a member of an Accredited Trade Association - such as the BPA or IPC
    Parking companies, providing they have complied with the requirements set down in the Protection of Freedom Act 2012, sect 56 and Sch 4, Arval, in the best interest of its customers and to preserve the security of its assets, has currently adopted the policy whereby fines, penalties and other forms of parking contraventions (both statutory and civil) are paid immediately by Arval to reduce the risk to the hirer of increased costs by way of a higher fine, penalty or other such charge, this also has the effect of preserving Arvalís asset from seizure, or some other form of restraint of use.

    For the avoidance of doubt, and as this matter is the subject of considerable confusion amongst the wider public, the term fine is not merely restricted to those under statute, likewise penalty is also not merely restricted to those under statute.

    I'm looking for some opinion/comments on whether to continue working with Arval to appeal which seems pointless (Appeal to BPA) or to now refuse to pay the invoice to arval on my direct debit which Arval have sent me based on them paying the invoice. The invoice was not issued by a legal authority and is a civil matter so arval should have really passed my details on to smart parking but by paying the invoice they have basically accepted liability?

    My contract with the hire company I signed states:
    In respect of any responsibility, claims, liabilities, losses, damages, or expenses, including legal fees, and any liability resulting from legislation for the ppayment of penalties or fines for parking, driving or similar offences or contraventions in connection with vehicles (the "liability"): (a) ARVAL has no responsibilty for the liability; (b) the hirer accepts all responsibility for the liability including taking the appropriate action ; and (c) the Hirer indemnifies ARVAL and holds ARVAL harmless against liability. ARVAL shall be entitled to charge the Hirer a reasonable administration fee for any work carried out or documentation processes relating to liability

    This mentions nothing to do with private parking invoices.

    Thanks All.

Page 2
    • catfunt
    • By catfunt 17th Oct 16, 7:17 PM
    • 606 Posts
    • 930 Thanks
    Ok, so they've confirmed they will not charge me to change the policy but should I get another PCN they will charge me the £12.50 for future PCN's.

    I suppose this is a win for me, i'll get my refund and I'll just agree to the change in policy. Not really got the time and motivation to fight it anymore so I think i'll settle for that!
    Originally posted by andyspeake
    Personally, I would accept their kind offer, then immediately you have had your refund, find yourself another hire/lease company! They do not deserve your custom.

    Arval have been here before, and still persist with their policy even though they have been told several times now that it is wrong.
    Got a Private Parking Notice??
    ** Do Not Pay
    ** Do Not Ignore a Notice to Keeper (except Scotland)
    ** Do not mention who was driving (No "Me" Myself" "I")
    ** Never, ever phone a Private Parking Company
    ** Please read the NEWBIES thread at the top of the forum
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