Smart Park Asda ticket - Scotland

[gordie1968]

My good lady was given a parking ticket for being to long in an Asda car park in Coatbridge Scotland by company called Smart Park or Park Smart,

 

I believe this a private company and have been told to ignore this,

 

i have since had a reminder,

 

What shall i do next?

[renegadeimp]

Dont ignore it. Appeal it and say whatever you like. When you get rejected ( you will), get a popla code and use the defense on this site. You can also appeal to the manager of the store and show your receipt to prove you were there.

[silverfox1961]

This is probably Smart Parking and it really doesn't matter what they do. You are in Scotland are you not?

[havinastella]

I refer to your invoice dated the xxxxxx

 

In response, I would ask you to note the following.

The registered keeper/owner of a vehicle is under no obligation whatsoever to provide details of the driver or any other information to a commercial company of no legal status of any description. (Scottish Jurisdiction).

 

In addition, liability for payment could only be determined by a Sherriff under Scottish Civil Law and such demands should not be confused in any way with Penalty Charge Notices issued under the terms of a Road Traffic Order.

 

Furthermore,, where a ticket has been issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, the driver could argue that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

What the regulations state

 

A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

 

A term shall always be regarded as not having been individually negotiated when it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

The previous paragraphs are also supported by the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract

 

Transferral to a debt collection agency and the threat of additional charges is also in my opinion questionable for the following reasons taken from the Office of Fair Trading Debt Collection Guidance.

 

 

2.6 Paragraph H.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money.

 

2.8 Paragraph A

Sending demands for payment to an individual when it is uncertain that they are the debtor in question.

 

2.8 Paragraph J

Requiring an individual to supply information to prove they are not the debtor in question.

 

2.10 Paragraph B

Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. .

 

I am also aware that I am under no obligation to engage in any way with debt collection agents.

 

In Conclusion, the contents of this correspondence should not be considered as a letter of appeal, but as total denial of liability..

 

I hope this clearly outlines my position.

 

Yours faithfully

[i hate bailiffs]

You should get on to ASDA and how you are not happy being treated this way

they are forcing you to use another supermarket

Give them some grief put pressure on them it can also be fun playing letter tennis by email!

[dx100uk]

PPC's can do nothing to you in Scotland

 

the laws are diff.

 

pers id be ignoring them.

 

and its NOT A FINE!!

[gordie1968]

Yes thats sounds like the company i think they are based in England.Yes im in Scotland and was reading up a bit on parking fines,i believe they got my partners details from DVLA which they shouldnt be doing handing out details to any tom dick or harry.

I received 2 bus lane fines one night when i was in Glasgow for a wedding as im not from Glasgow and didnt know where i was going i accepted them seeing as it wasnt a private company and was from Glasgow City Council,I believe i did the right thing paying these fines.

But dont believe having to pay Smart Parking.

[gordie1968]

Is this how my other half to respond to them

[f16]

Yes you have to pay Glasgow city council for fines they raise. But this bunch of jokers. Don't pay a penny

As a matter of intrest are they members of BPA?

[ericsbrother]

the PoFA they they rely upon to chase the keeper of a vehicle doesnt apply to Scotland, nor do the laws of trespass so they can get stuffed. Council PCN's are issued under the Traffic Managemnt Orders of the 2004 road traffic act.

These lot have no such statutory powers and rely on ignorance to get money from people.

You can write to the DVLA and complain that your details have been giiven out by them under false pretences and ask why they are doing this. Send copy of letter to your MP and say that a government agency is profiting from misrepresentation and harassment of these compamies and do nothing to determine whether they are misusing the facilities of the DVLA