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    • Starman*
    • By Starman* 9th Jul 17, 5:35 PM
    • 3Posts
    • 0Thanks
    Smart Parking (Scotland)
    • #1
    • 9th Jul 17, 5:35 PM
    Smart Parking (Scotland) 9th Jul 17 at 5:35 PM
    Hi folks! I have spent countless hours researching what to about the PCN I have received from Smart sparking up in Scotland 60 pay now, or 100 pay later. You know the drill!

    Problem is despite reading the 'stickies' and reading so many threads on what to do I'm at a crossroads as I am unsure what the LATEST advice is on how to proceed.

    I know in the past it was to 'ignore' the letters and demands. But the new advice seems to be fight and have it cancelled.

    The parking time was overstayed slightly, and as I feel this doesn't justify 60-100 even for their admin fee, I am reluctant to pay.

    So for the sake of myself and the 5 million other scots who may be in the same predicament in 2017 since the 'Mackie' case....

    Ignore or not ignore?

    Kind regards
Page 1
    • Fruitcake
    • By Fruitcake 9th Jul 17, 5:40 PM
    • 36,641 Posts
    • 82,991 Thanks
    • #2
    • 9th Jul 17, 5:40 PM
    • #2
    • 9th Jul 17, 5:40 PM
    If the scammers don't know the identify of the driver, unlike the Mackie case, the advice is still to ignore if the keeper lives in Scotland and that's where the alleged event took place. The NEWBIES is kept up to date and the advice would be changed there if it were now different.

    Always, always complain to the landowner.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 9th Jul 17, 5:43 PM
    • 57,498 Posts
    • 71,092 Thanks
    • #3
    • 9th Jul 17, 5:43 PM
    • #3
    • 9th Jul 17, 5:43 PM
    The Mackie case is not relevant to a registered keeper, as long as the driver was never admitted. Unfortunately in the Mackie case, the driver was outed (sadly, a lamb to the slaughter, despite having legal assistance the defence was weak).

    More important are the Robb and Halyburton cases, for a keeper defence. I'm quoting Tom Trinder here, these are the court cases to cite, if you get a claim:

    Sheriffs in Scotland do not routinely ask who the driver was. Both Mark Robb and Neil Halyburton won their cases at Dundee court against VCS using a 'driver not identified' defence. The Sheriff did not require them to name the driver and dismissed VCS claim as incompetent in the Robb case. Check the Courier around June 2015.
    The only action I would take would be to complain to the Retailers to get the PCN cancelled. In Scotland, there is no appeal worth trying and it's best not to poke the snake's nest.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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