Debt Collection for parking ticket which was not ours

2bFrank

Hello,

I hope I am posting in the right section.

Yesterday I received a letter from a debt collector (RoxBurghe) stating that they have been passed on a debt from an alledged parking ticket from a private firm (Excel Parking). And I am looking for some advice regarding this.

I bit of history about this, the parking ticket was given on my partners car all the way back in November 2009. She was not the driver of the car as she lends it to a family member when shes at work in the day. We didnt even know about the ticket until we got a final warning from the parking company asking for £100.

After searching for advice on this site, we wrote a letter to the company stating that, my partner was not driving her car at the time, so she can not be liable for this fine as no contract could have been formed with her when she entered the car park (remember this is a private car park and not a council one), also that we would not name the person who was driving as we were under no legal obligation to do so.

We received a letter back stating that they aknowledge that my partner was not driving the car, however to provide details of the driver or they would persue my partner for the fine, we then sent another letter with the same info (partner not driving car, not telling who was driving and that we are not liable.)

This was the last we heard from them, however yesterday my partner received a demand for payment from Roxburghe debt collection for the amount of £141 and that they will take legal action if we do not pay.

My partner had a panic attack and nearly started paying it, I told her not too until I got some advice, so what do you think we should do? Money is extremely tight as we are saving for a house, also my partner is worried if we will get a mark on our credit record if we do not pay, which will affect us getting a morgage. There is no way of getting the person that was driving to pay because they are a student and stuggles as it is.

Any advice would be of great help as it will ease my partners mind and we can then go further to stop this.

mc2705

Do not pay it! All they are trying to do is frighten you into paying. These "parking fines" are a scam and they have no legal rights to charge you this.

There is a board (under motoring) on here full of people that can give you more information than me. Lots of helpful people there who helped me out when I got an unfair ticket. Check it out.

DarkConvict

As this was a pirate firm,

MSE has a guide on it - http://www.moneysavingexpert.com/reclaim/private-parking-tickets

Unlike official parking tickets, when on private land, it is the DRIVER, not the owner, who is liable, because a contract to park is formed between the landowner and the driver.

An invoice landing on your doormat may be the first you know of a parking ticket, but it’s no reason to feel alarmed. The most important thing to understand is ...

If you weren’t driving, you’re not liable and you’ve no need to tell who was

If you weren’t the driver simply state that, as the owner, you're not liable for any costs, and you're not prepared to state who was driving and are under no obligation to do so. Hopefully, that'll get the message across and they won’t contact you again. It’s best to do this in writing so you have a record of what was said.

However, if you were driving don’t be tempted to lie: it could land you in serious trouble in the unlikely event the case ever went to court and witness statements or CCTV proved the opposite.

If the firms contacts you again, write back politely asking them not to harass you, stating you’ve made it clear the ticket's nothing to do with you and it should back off. If it continues to hound you, resend the letter and threaten that you will report the matter to the authorities if they don’t stop.

Template (I am not the driver) - http://www.moneysavingexpert.com/redir/ef07dab7

If it was a council parkign fine, PCN, then you would be liable.

Who is liable to pay the PCN?
Under the Road Traffic Act 1991, the owner of a vehicle is liable for the Penalty Charge Notice. Even if a partner, son, daughter or friend was driving the car, it is the owner who is liable.

The Road Traffic Act 1991 says the owner is presumed to be the registered keeper. The local authority will usually check with the DVLA in Swansea to see who was registered as keeper of the vehicle at the date the PCN was issued. This person will receive the Notice to Owner. (NtO)

If you borrow a car, this does not mean that you are the keeper. The person whose name is registered at DVLA is the person liable for the penalty charge.

http://www.bailiffadviceonline.co.uk/parking.htm

MSE guide on councils - http://www.moneysavingexpert.com/reclaim/parking-ticket-appeals

2bFrank

Hello Dark Convict,

Thanks for your adivce, it was a private firm and we followed the advice that you quoted, but unfortunately it does not give you much information when they start sending us debt collection notices. I am sure they are just trying to threaten us, but I just want to make sure so that we can fight them.

DarkConvict

You can, as they can't take you to court since their is no contract between you and them. Well they can try to take you to court but you only need to state i was not the driver so no liable for the fine. And they will get lumbered with a loss and £75 court fee to pay themselves.