Parking Eye: What is the latest advice?

incognito297

Hi, I've read a couple of threads on receiving a charge/fine from car parks.

I got one from parking eye, in Scotland.

I'm a bit confused about what the current advice is?

Do I ignore or do I appeal?

To be honest I don't really have grounds for an appeal.

Stroma

As its Scotland with no keeper liability, and no Protection of Freedoms Act 2012, then the advice is to ignore unless they give a letter before action/claim.

They don't know who was driving so don't tell them as you have no legal obligation to say so, come back to us if the vehicle is leased/hired/company or you are not the registered keeper.

incognito297

What is a letter before action/claim Stroma?

Stroma

It's a letter to say that basically that the next step is court, this is highly unlikely to happen as you are in Scotland, if you do get such a letter please send this

zzzLazyDaisy wrote: »

Apologies for replying on this thread - but I just wanted to point out that in NORTHOFTHEBORDER's case, as the RK lives in Scotland she can still ignore (assuming that the vehicle is registered at the DVLA to the address in Scotland).

Why? Because PoFA does not apply in Scotland.

Yes PE may try it on with a LBCCC and hope you pay up, but the fact is that MCOL will not accept a court claim against a defendant based in Scotland as it is a 'foreign jurisdiction' for these purposes. True, PE do sometimes try to circumvent this 'inconvenience' by omitting the word 'Scotland' from the address on the court claim... but a phone call to Northampton County Court should get the case dismissed fairly quickly on the grounds that the court does not have jurisdiction to hear the case.

So in this case, in the RK's shoes I would write a letter along the following lines:

---

Dear Sir

Letter Before County Court Proceedings (LBCCC) - reference

I refer to the LBCCC dated [xxxx] addressed to myself as the Registered Keeper.

You appear to have overlooked the fact that PoFA 2012 does not apply to Scotland (which, as you know, is where the Registered Keeper is located). This means that you cannot pursue myself as the Registered Keeper, but must take this matter up with the driver of the vehicle on the day in question.

For the avoidance of doubt, I can confirm that I was not the driver, and in the very unlikely event that this claim should ever find its way to court, I will produce evidence to this effect (not that this will happen, since the English courts will not accept a claim against a defendant who resides out of the jurisdiction, and Scotland does not accept PoFA claims against a Registered Keeper).

In the circumstances I invite you to cancel the charge.

Yours faithfully

PRINT NAME

---

JUST TO REPEAT FOR NEWBIES - THE 'IGNORE' ADVICE HERE IS JUST BECAUSE THE RK IS BASED IN SCOTLAND. IF YOU LIVE IN ENGLAND OR WALES 'IGNORE' IS BAD ADVICE!!!!

incognito297

Thank you for that information.

So step one is to ignore.

In the event of an LBCCC I post this letter to PE.

I see in RKs case it was via northampton court. What if its a Scottish based court or do they not accept these kinds of cases?

zzzLazyDaisy

Everything you need to know is in the post above, but if you need more information do a search on the parking forum for 'Scotland' and you will get loads of hits.

If you feel uncomfortable waiting for a LBCCC or County Court Claim to drop on your mat, send the above letter now, but just change it to refer to the PCN (quoting the PCN number and Vehicle Registration Number).

Sorry for the robust reply, but the questions you are asking can be found by a quick search of the forums. The regular posters on here are all volunteers and we don't have the time or the man power to spoon feed people. It is time for you to do some work for yourself.

Daisy

Stroma

A Scottish sheriffs court shouldn't accept anything with keeper liability or pofa 2012 on it, it goes on the balance of probabilities if you were the driver or not, which if you can prove you were not they are stuffed. But if they try to hold the RK liable they open a whole can of worms for them.

The thing to remember is that there is a different system in Scotland , as far as I am aware parking eye have never taken anyone up there to a court. That could change so keep an eye on the letters, keep them safe and the envelopes they came in, and come here if you feel a need to.

Aaron_Aadvark

The law in Scotland is different.

Many years ago, the Scottish courts decided that clamping was 'extortion'.

Unfortunately, this was not the case in England and Wales. Last year clamping and towing was made illegal in England and Wales under the Protection of Freedoms Act 2012.

As a sweetener to the clamping cowboys and their trade association, the BPA Ltd, keeper liability was introduced. if certain requirements are met, then the registered keeper of the vehicle, not the driver can be pursued for any 'charge'.

There is no similar legislation in Scotland so the driver must be pursued. How can the claimant pursue the driver if they do not know who it is? How do they know who it is if you do not tell them?

incognito297

Thank you for the replies

I did Google search PE Scotland and usually the forums are unique situations with lots of people giving different advice and at different time periods. so I thought I'd ask as its all a bit unclear to me. I do appreciate all your time and advice.

So chances are they can't enforce anything in Scotland because pofa doesn't apply. that is, they can't claim against the RK. if they can't prove (or does the RK have to prove?) that the RK wasn't driving at the time then there is little they can do.

from what I understand too, it is not a fine but a charge against 'loss to the car park owner' (or is that the shop/garage/establishment where the parking is for?). in which the actual 'charge'amount could be questioned

Stroma

As I said balance of probabilities is used in this situation, and its not up to you prove anything at this stage, but up to the parking company to prove that it was you as the RK of the vehicle were actually driving, because its ONLY the driver responsible in Scotland as its set up right now.

And private companies cannot fine or penalise you, they are not the police/council/courts, just some two bit company trying to fleece you out of money they are not entitled to. And you are right, they can only claim for losses, nothing else.