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Parking Eye - Service Station

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  • atilla
    atilla Posts: 862 Forumite
    Part of the Furniture Combo Breaker
    Iceweasel wrote: »
    I too am resident in Scotland and I get a few of these every year, due to taking a lengthy nap whilst heading North.

    The best advise it to ignore everything and do not communicate with them in any shape or form at all.

    Any invoice or claim regarding parking in a private car-park anywhere in the UK, but especially in England, is just dead in the water as they can do nothing whatsoever at all.

    They usually give up after around 6 months.

    My sister on the other hand got one of these from somewhere around the M25 and naievely entered into discussion with them offering mitigating circumstances, children sleeping and other logic which counted for nothing in the scammer's eyes

    That dragged on for nearly a year.

    So the quickest way to stop make this go away, short of paying their ransom money, is to ignore it.

    Oh dear......
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    To confirm, I am resident in Scotland, and that is where the car is registered.

    So to clarify, it's the general opinion that ignoring instead of any appeal is the best route on the basis I'm resident in Scotland? Then if and when PE take it further and try to enforce via court proceedings, I would report back here for further advice? I'm sure you understand I'm just trying to get my head round all of this (and want it to go away asap), it's not an area I'd fortunately had to look into before, but very much appreciate having this group to put my queries to!

    Thanks!


    First, it is totally understandable that you are confused! This is a moving target and particularly for people in England and Wales, advice has changed significantly and quickly in response first to PoFA and POPLA and now in response to the much more litigious approach being taken by some PPCs.

    Stroma is a long term poster and very experienced. His consistent advice is that if the address of the registered keeper is scotland, then even if the parking event happened in england, you are still safe to ignore because there have been no recorded cases of PPCs issuing proceedings in scotland. You will almost certainly get letters from debt collectors with ever increasing dire threats to increase the 'debt' including a 'notice of intended litigation' but you can ignore all those letters as debt collectors have no legal right at all to issue proceedings.

    If you want to make this go away now, without getting all these letters, then yes, you are perfectly entitled to appeal to the PPC and then use the POPLA process. If you lose at POPLA (which you won't) you are in no worse a position because you would not pay (since the decision is not binding on you) and the PPC is then left with no option but to pursue this matter through the courts - and we come full circle - there has been no recorded case in Scotland of that happening - and in any case they cannot pursue the RK in court only the driver - and you have no obligation to tell them who the driver is.

    So this is a very long winded way (sorry) of explaining that what Stroma is saying is 'why bother putting yourself to all this effort of appealing in those circumstances?'
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Ok thanks. I'm slightly wary of doing nothing, but am happy to take the advice to ignore all communication from PE as reading around the links provided it does make sense to me now.
    Thanks to everyone who has contributed, I'll report back if / when there are any updates of note.
    Thanks!
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Ok, good luck, and hope we don't see you back here (I mean that in the nicest possible way!) :D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But do let us know outcome, whichever way - all adds to the intelligence for help wih others.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Or as you can crow to your English friends using the traditional Scottis song "The Bonnie banks of Loch Lomond". Wait for it.....................................................................................................................


    You'll take the Eye road and I'll take the "No" road.


    Taxi!
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Guys_Dad wrote: »
    Or as you can crow to your English friends using the traditional Scottis song "The Bonnie banks of Loch Lomond". Wait for it.....................................................................................................................


    You'll take the Eye road and I'll take the "No" road.


    Taxi!

    Splutter.... just spat my cocoa over my keyboard! :rotfl::rotfl:
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Splutter.... just spat my cocoa over my keyboard! :rotfl::rotfl:

    Horlicks does less damage Daisy, especially the Famous Grouse variety :rotfl:
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Just came across this ongoing discussion on CAG

    Apparently PE got round the MCOL block on issuing on people living out of the jusrisdiction by the simple ploy of leaving the word 'Scotland' off the address! The person on that thread has been advised to write in to the court and explain they live in Scotland and the papers will be put before a Judge (presumably with a request to strike out the claim). Anyway, worth keeping an eye on the thread.

    http://www.consumeractiongroup.co.uk...s-Ltd-SCOTLAND
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Just came across this ongoing discussion on CAG

    Apparently PE got round the MCOL block on issuing on people living out of the jusrisdiction by the simple ploy of leaving the word 'Scotland' off the address! The person on that thread has been advised to write in to the court and explain they live in Scotland and the papers will be put before a Judge (presumably with a request to strike out the claim). Anyway, worth keeping an eye on the thread.

    http://www.consumeractiongroup.co.uk...s-Ltd-SCOTLAND

    Here is the correct link for this
    http://www.consumeractiongroup.co.uk/forum/showthread.php?396781-Re-Another-Parking-Eye-amp-Debt-Recovery-Plus-Ltd-SCOTLAND
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
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