Smart Parking Fine Scotland

Smart Parking Fine Scotland – Should You Pay?

Scott

Janine

· Mar 6th, 2024

Have you received a Smart Parking fine in Scotland and are unsure what to do next? This is the right place for you. Every month, more than 130,000 people visit our website for guidance on fines and parking tickets.

In this article, we’ll help you understand:

Who Smart Parking is and their role in the parking industry.
If Smart Parking fines are enforceable in Scotland.
The process of appealing a Smart Parking fine.
What happens if your appeal is rejected.
How much a Smart Parking charge might cost.

The DVLA report that over 11 million parking tickets were issued last year, which is up by 29% year on year!¹

We know that receiving a private parking fine can be a troubling experience, but you’re not alone. Whether you’re worried about paying the fine or wondering how to start an appeal, we’re here with the information you need.

56% of Ticket Appeals Succeed

In some circumstances, you might have a legitimate reason not to pay your parking fine.

It’s a bit sneaky, but the last time I needed legal advice, I paid £5 for a trial to chat with an online solicitor called JustAnswer.

Not only did I save £50 on solicitor feeds, I also won my case and didn’t have to pay my £271 fine.

Chat below to get started with JustAnswer

Ask a question, get an answer ASAP!

*According to Martin Lewis, 56% of people who try to appeal their ticket are successful and get the charge overturned, so it’s well worth a try. In partnership with Just Answer.

Do you have to pay Smart Parking fines in Scotland?

If you committed a parking violation when using a car park managed by the operator, you should pay. However, make sure the parking charge is yours and that was correctly given.

All car park management companies must follow a Code of Practice which means they have to follow specific rules.

If you feel a parking charge you got was incorrectly given or unfair, you have the right to contest it. You must follow the set procedure to appeal a parking charge which you can do on the operator’s website. To get a general idea of what the process looks like, please check out the table below.

Process:	Steps you should take:
When you receive the ticket…	You should gather as much evidence as you can to support your appeal claim and prove that the ticket was unfairly issued.
If you were given the ticket in person/attached to your car…	You must make an informal appeal (sent to the local authority/council that issued the PCN) within 14 days. This should be a letter with the evidence proving why the ticket was incorrectly given.
If it was posted to you…	You will be given 21 days to submit an informal appeal (from the day you received the letter). Your informal appeal should be a letter with the evidence proving why the ticket was incorrectly given.
If the informal appeal is rejected…	You will receive a Notice to Owner and will have 28 days to respond to this with a formal appeal. You can conduct the formal appeal online or via paper form. The Traffic Penalty Tribunal can send you one of these forms.
If the formal appeal is rejected…	You will receive a Notice of Rejection. From here, you are free to challenge the council’s verdict at an independent tribunal.
If the independent tribunal disagrees with your appeal…	You should pay the ticket within 28 days of the tribunal rejecting your appeal. If you don’t, the fine will be increased by 50%. If you don’t have the money to pay the fine, you should contact Citizens Advice or another debt charity.

Note: Don’t automatically pay the parking charge but don’t ignore it either!

How much is a Smart Parking charge?

Smart Parking cannot overcharge you. The amount is capped by law at £50. If you pay within 14 days, the amount is reduced to £30.

Under the new legislation, private car park management companies can no longer charge any more than that.

» TAKE ACTION NOW: Get legal support from JustAnswer

Smart Parking fine Scotland, pay or appeal?

You should never ignore a Smart Parking fine in Scotland. You have to decide whether it’s worth paying the lower amount within 14 days or appeal the fine because it’s unfair.

Thanks for reading my article on Smart Parking fines Scotland. If you think the fine is correct, take advantage of the lesser amount by paying within 14 days. However, if you feel you could win a case in court, you have the right to appeal the parking charge.

Successful Appeal Case Study

Situation

Initial Fine	£100
Additional Fees	£171
Total Fine	£271

The Appeal Process

Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.

Total Fine	£271
Cost of legal advice	£5

JustAnswer helped Scott craft the best appeal possible and he was able to win his case.

Scott’s fine was cancelled and he only paid £5 for the legal help.

Get legal help

In partnership with Just Answer.

Good reasons to appeal a Smart Parking Scotland fine

If any of the following applies to your parking charge:

· You could not see the signs indicating the Terms and Conditions for using the car park

· You got the parking charge over 14 days after you used the car park

· The parking charge is prohibitive

· There were mitigating circumstances

What happens if Smart Parking rejects my appeal?

When an operator rejects an appeal, they must inform you and they must tell you how to file an appeal with POPLA. Again, if you want to take the matter further, it stops the operator from sending in debt collectors.

What is a 10-minute grace period?

Smart Parking must allow you the 10-minute grace period when you return to your car. If you’re issued a ticket within ten minutes, the operator should cancel the parking charge.