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Re: Absurd parking penalty charge
[Re: MeanRedSpider]
#1549947
18/09/2015 21:31
18/09/2015 21:31
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Lego
Unregistered
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Lego
Unregistered
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I have had a couple of these from Private Scottish companies over the years. The most recent one was about a 18 months ago in Livingston. I simply ignored all correspondence and it went no further. The other one I informed them I had no intention of paying and it too went no further. Can't remember the legal position but was advised to ignore it by lawyer and read same on various forums.
Last edited by Lego; 18/09/2015 21:37.
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Re: Absurd parking penalty charge
[Re: MeanRedSpider]
#1549954
18/09/2015 22:28
18/09/2015 22:28
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Enforcer
Unregistered
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Enforcer
Unregistered
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Definitely.
As it is a private car park, and they are clearly taking the piss with their penalties, they won't pursue it.
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Re: Absurd parking penalty charge
[Re: MeanRedSpider]
#1549975
19/09/2015 00:20
19/09/2015 00:20
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Joined: Jan 2006
Posts: 5,988 Sunny Darlo
Wishy
Forum is my life
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Forum is my life
Joined: Jan 2006
Posts: 5,988
Sunny Darlo
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What Rudidudi said. I'm fighting one myself there at the moment, come on in the water's lovely! The advice on there includes the differences between Scottish and English law particularly with regards to pursuing the registered keeper. Don't admit who was driving in the first instance. I'm not advocating lying, just being careful with wording, look at what was suggested to me on my thread there. There's a link on my recent thread.
Last edited by Wishy; 19/09/2015 00:21.
Up yours Photobucket.
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Re: Absurd parking penalty charge
[Re: Wishy]
#1550047
19/09/2015 21:30
19/09/2015 21:30
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Joined: Jan 2006
Posts: 5,988 Sunny Darlo
Wishy
Forum is my life
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Forum is my life
Joined: Jan 2006
Posts: 5,988
Sunny Darlo
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The big important difference as far as I can see (IANAL) for Scotland is that they can't pursue the registered keeper for the fine (they can in England subject to following certain laid out guidelines) so if they don't know who was driving there is nothing that they can do. Did she the driver (see what I did there?) get a ticket on the windscreen or was it a letter generated by an ANPR camera? Procedures are here, actual flowcharts further down the thread. The fine not being representative of loss as you mention is something else that should be in the response if you make one.
Last edited by Wishy; 19/09/2015 21:30.
Up yours Photobucket.
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Re: Absurd parking penalty charge
[Re: MeanRedSpider]
#1550056
19/09/2015 22:07
19/09/2015 22:07
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Joined: Jan 2006
Posts: 5,988 Sunny Darlo
Wishy
Forum is my life
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Forum is my life
Joined: Jan 2006
Posts: 5,988
Sunny Darlo
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Mine is with SmartParking too and my research brought up the same opinion of them when challenged. It's two weeks today that I sent in my appeal to them which I think means that they've just folded after receiving my appeal. Fingers crossed anyway. I had to appeal as I received a notice to keeper which as it was in England meant that I could be held liable regardless of whether I was driving or not. I wasn't but that's another story, you couldn't see from the photograph on the letter but when I appealed on their website you could see their 'evidence' which was higher resolution. It wasn't even me driving not that it's so relevant in England (it is in Scotland). In any case, charge not an accurate pre-estimate of loss or absurd or unconscionable (take your pick if you should hear more).
Last edited by Wishy; 19/09/2015 22:10.
Up yours Photobucket.
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