Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: mcllsti on June 11, 2026, 07:58:14 pm
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You have the option of ignoring everything from now on. You pointed out that keeper liability does not apply (and you found out that Smart no longer is a member of the BPA) and at this point Id be tempted to leave it at that. The IAS will only deny your appeal anyway. In England we still advise appealing to the IAS because if the case actually made it to court it would look better for you to have done so, but the chances of this making it to court in Scotland are very small. If you get a Letter of Intimation (I think thats what its called in Scotland) then come back here and post it.
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A few things here as far as POFA does not apply in Scotland so they cannot pursue the registered keeper under that Act as stated in their rejection.Therefore IAS appeal is not required it is just general contract law. I see they are trying the old chestnut of Elliott Vs Loake a criminal matter south of the border. You will probably receive a NTK there is no requirement to engage with the parking company and as it is a one off then they will not in my opinion pursue the matter. You can if you wish write to them and stare in no uncertain terms that there are a number of cases where Elliott Vs Loake have been firmly rebuked in Courts. You can read the case and outline your reasons that this case is not applicable. There was ample evidence to prove he was the driver.There was forensic evidence etc.
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Hey Folks,
I was issued a private parking charge notice from Smart Parking Ltd as I am the registered keeper of the vehicle V44RNW. I received this on the 27th of the May 2026.
One key thing to mention up front is that the PCN is issued to a Silver Daewoo but my car is a Grey Skoda. I did not mention this in my appeal, as I used a standard template I have for PCNs.
Smart parking has returned and rejected my appeal. I am now looking for advice on how to appeal to ISA, and what to say to them if possible.
Private Charge Notice Details:
Number: SP10304290
Date: 27/05/26
Time: 09:51
Place: Weighhouse Close, Paisley, PA1 1AG
Registration: V44RNW
Make: Daewoo (THIS IS INCORRECT)
Colour: Silver (THIS IS INCORRECT)
Contravention: 06 - Parked Without A Valid Ticket
PCN Details:
https://ibb.co/0ppj8JJJ
Inital Appeal
https://ibb.co/przvpNgk
Appeal Rejected:
https://ibb.co/prdnHrQx
Any and all advice would be amazing and appreciated!
(https://i.ibb.co/4wwZ9NNN/Screenshot-2026-06-11-194812.png)
(https://i.ibb.co/G32vjGXr/Screenshot-2026-06-11-194843.png)
(https://i.ibb.co/Z1xNQ1SV/Screenshot-2026-06-11-194924.png)