Parking Eye -Scotland

[Bigdek67]

Just a quick query regarding a PCN issued to one of our vehicles near Edinburgh airport. We received a letter from Parking Eye stating that said vehicle had entered the car park at the adjacent Moxy Hotel and left after 23 minutes. They have provided photos of the car entering and leaving. They want £60 however I have been advised by several bar room ‘experts’ to ignore this. They have to persue the driver, not the Keeper and unless they can prove who the driver was they can whistle for it. Is this correct ? Thanks.

[Am43]

Just ignore it, in Scotland only fines you are required to pay are from the police or local councils.
Whether you should pay or not is another question

[Tomo1971]

If in E&W, the protections of Freedoms act allows the parking companies to chase the RK regardless of whom was driving.

PoFA does not apply in Scotland - so the PC can only go after the driver.

As I gather you are a 'company', you may have a policy to reply etc, if you do so, take a read from pepipoo forum as they will advise more fully on how to nip it in the bud, although they may offer similar advice to ignore - been a business MAY change that slightly, so best to post on Pepipoo.

[Steff1965]

Although POFA doesn’t apply in Scotland just now, it’s coming. It was passed in the recent transport bill

[Bigdek67]

Thanks for the advice guys, this seems to support what I’ve been told already. However, if there’s about to be a change in the law in Scotland will this then mean that Parking Eye and their ilk can then work their way back through previous cases ?

[Steff1965]

Bigdek67 said:

Thanks for the advice guys, this seems to support what I’ve been told already. However, if there’s about to be a change in the law in Scotland will this then mean that Parking Eye and their ilk can then work their way back through previous cases ?

No-one has said but these things are usually only from the date it starts. They’d probably send freighting letters mentioning the change in the law in the hope people pay. If I remember right, it was page 90 of the recent transport bill that tells you it’s changing plus It was also in the paper.

[Bigdek67]

Interesting. Is this the same Transport Bill that has made parking on the pavement in Scotland illegal ? I have fired off a message to the Hotel asking if they can do anything about this. Seems an extortionate amount to ask for, way out of proportion.

[speedking31]

Scottish Sun said:

... fib ...

[Bigdek67]

Which bit are they fibbing about ?

[anonymous-user]

Bigdek67 said:

Thanks for the advice guys, this seems to support what I’ve been told already. However, if there’s about to be a change in the law in Scotland will this then mean that Parking Eye and their ilk can then work their way back through previous cases ?

Oh no they can't, since for POFA to apply the Notice to Keeper has to be sent between 28 to 56 days after the alleged infringement. Before and after this and it's invalid.

[speedking31]

Bigdek67 said:

Which bit are they fibbing about ?

The Scottish Sun quoting Citizens Advice Scotland who said that "unscrupulous" private parking firms might fib about how long cars have been parked. That is a criminal activity, way more than a fib.

(Technically Citizens Advice Scotland, but (mis?)quoted by the Scottish Sun.)

[Steff1965]

Bigdek67 said:

Interesting. Is this the same Transport Bill that has made parking on the pavement in Scotland illegal ? I have fired off a message to the Hotel asking if they can do anything about this. Seems an extortionate amount to ask for, way out of proportion.

Yeah, that’s the one. I’m sure it’s part 8 where it mentions it.

[Meeten-5dulx]

Got letters from them for approx 6n, raising to take you to court.
Continued ignoring (do Not respond was the advice given) and they eventually stopped.

That was summer 2017 when my dad came to visit and used my car whilst I was at work!

Not sure if there has been any change in rules since....

[Graveworm]

Bigdek67 said:

Thanks for the advice guys, this seems to support what I’ve been told already. However, if there’s about to be a change in the law in Scotland will this then mean that Parking Eye and their ilk can then work their way back through previous cases ?

Law was changed 15th November

http://www.legislation.gov.uk/asp/2019/17/enacted

Part 8 is what you want, but this may well not apply here for all kinds of reasons, and there should be supporting regulations..

Edited by Graveworm on Thursday 12th December 01:27

[Bigdek67]

Interesting stuff guys, thanks. Just a small update, I contacted the hotel and explained what had happened, they agreed the charge was excessive and are having it waived.