Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: viper on December 10, 2024, 07:39:11 pm

Title: Re: Smart Parking PCN – Valid Permit – Union Square, Aberdeen
Post by: doofus on February 15, 2025, 01:41:52 pm
Ah cheers for the info i've just been ignoring mine but was a lil worried they might catch up with me eventually due to this
Title: Re: Smart Parking PCN – Valid Permit – Union Square, Aberdeen
Post by: b789 on February 15, 2025, 01:32:27 pm
Google disagrees

Google is wrong!

The Transport (Scotland) Act 2019 is partially in force. Some provisions have been commenced through various regulations, but the sections related to private parking enforcement (including Section 71) are not yet in force because they are tied to the implementation of the Parking (Code of Practice) Act 2019 in England, which remains stalled.

So while parts of the Transport (Scotland) Act 2019 are active, the private parking enforcement provisions remain on hold until the UK Government finalises and implements the statutory code of practice for private parking operators in England.

And so many sheeple believe that AI is going to take over the world!  ::)
Title: Re: Smart Parking PCN – Valid Permit – Union Square, Aberdeen
Post by: doofus on February 15, 2025, 01:26:59 pm
That looks like a notice to driver, which is affixed to the windscreen. Not a notice to keeper, which is sent through the post.

As this is Scotland, there is not currently any keeper liability, so you can ignore them.

Google disagrees

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Title: Re: Smart Parking PCN – Valid Permit – Union Square, Aberdeen
Post by: b789 on December 11, 2024, 10:17:32 am
Just to expand on the issue. (Not so) Smart have no idea of the drivers identity. Because you have been advised to ignore the PCN which has been issued as a Notice to Driver (NtD), they will eventually issue a postal Notice to Keeper (NtK).

As already mentioned, there is no Keeper liability in Scotland (for now). There is no legal obligation on the Keeper to identify the driver to an unregulated private parking company. So, as long as you, the Keeper, ignore them, they will eventually give up as they cannot progress this without knowing the drivers identity.

What is going to happen as you continue to ignore them, you will start to receive debt collector letters. The debt collectors are powerless to actually do anything. They rely on you being low-hanging fruit on the gullible tree and ignorant of your rights and the law.

Never, ever, ever communicate with a useless debt collectors. They are powerless and will eventually give up. That will be the end of the matter in Scotland.

So long as you are aware of this, there is no need to tell us or show us the debt collector letters you are going to receive. Ignore them as you have been advised to ignore (not so) Smart Parking.
Title: Re: Smart Parking PCN – Valid Permit – Union Square, Aberdeen
Post by: DWMB2 on December 10, 2024, 07:47:39 pm
That looks like a notice to driver, which is affixed to the windscreen. Not a notice to keeper, which is sent through the post.

As this is Scotland, there is not currently any keeper liability, so you can ignore them.
Title: Smart Parking PCN – Valid Permit – Union Square, Aberdeen
Post by: viper on December 10, 2024, 07:39:11 pm
Upon entering the car park, the driver found a space, parked up, and paid for a ticket but did not display it. They shopped and left on time.
On the same day, I, the registered keeper, received a PCN.

Images linked below:
https://imgur.com/a/BhpbVpS