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Parking charge notice help
Comments
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Hi again. So I have just received the 3rd and final letter to pay within 7 days or they will seek enforcement from County Courts for either bailiffs warrant, attachment of earnings order or third party debt order. Am I still ok to ignore this?
Does the letter literally quote 'County Courts'?
Now I'm no Scotsman, but do you have 'County Courts' in Scotland, or are they called 'Sheriff Courts'? Now what does that tell you about the letter?
Seems to me there's a rectum that's discovered a voice here!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 Street0 -
For them to go through with this would they have to come to my local court in Scotland to do so?0
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For them to go through with this would they have to come to my local court in Scotland to do so?
Yep, and if it's after independence they're going to have to bring their passports (and toothbrushes).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 Street0 -
Look - in simple terms - the law that they use to pursue the Registered Keeper is the somewhat ironically named is the Protection of Freedoms Act 2012 into which the government conveniently snuck a section allowing parking companies to pursue the Registered Keeper if they don't know who the driver is (yes, I do know that is sounds like a sketch out of Monty Python, but stick with me a little while longer).
Anyway, the whole point of this bedtime story is that the Protection of Freedoms Act DOES NOT APPLY in Scotland. This means that even if they tried to run a claim in the Sheriff's Court, it would be struck out because the law in Scotland is that they can only pursue the driver. How are they going to know the name and address of the driver? Are you going to tell them? There is certainly no law that says you have to, so why would you?
So they can huff and they can puff, but they certainly can't blow your house down.
Hope this helps to set your mind at rest.
DaisyI'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.0
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