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Parking Eye (Scotland) - Next Step?

pazza2000
pazza2000 Posts: 569 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 21 January 2015 at 2:00PM in Parking tickets, fines & parking
Deleted as revealed personal info.
«1345

Comments

  • Umkomaas
    Umkomaas Posts: 43,807 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 January 2015 at 12:02PM
    I may have admitted I was driving

    You certainly have!
    However I have appealed via email that I had moved the car and did not see the signs

    In Scotland it's only the driver they can pursue, so your parents were never really going to be in the firing line.

    A few options for you:

    1. You could try the initial appeal in the NEWBIES FAQ sticky and you might catch PE off guard - they are now regularly cancelling on receipt of that, but essentially it was written for England/Wales cases, but you've nothing to lose in firing that off and hope they're half-asleep.

    2. Continue to ignore all further correspondence from PE and, eventually, from their Debt Collectors - it will go on for months, but will eventually dry up.

    3. Complain to Morrisons and demand this charge on their customer is dropped - they're not in a good place financially to be risking losing a customer on the back of a short overstay and a penal charge.

    PE are litigious in England and Wales, but, as far as we are aware, no PPC has taken a private parking case fully through the court process in Scotland - UKPC tried a few months ago, but eventually ran away. However, they were actually chasing the keeper (who's not necessarily the driver) and there's no keeper liability in Scotland.

    But if there's any PPC likely to try a crack at the court system in Scotland for private parking it would be PE. No need to 'panic' about this now, but just see how things pan out over the next few months. They do, however, have 5 years in Scotland to pursue any alleged debt through the Scottish court system.

    Debt Collectors are powerless, they can't turn up on your doorstep and take stuff away.

    I'm assuming the system in Scotland is the same as in E/W, your credit rating can only be affected if this is pursued through the courts, costs are awarded against you and you refuse/forget/fail to pay them by the due date.
    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
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There is no effective next step in Scotland - Ignore them totally from now-on.
  • pazza2000
    pazza2000 Posts: 569 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 21 January 2015 at 2:01PM
    ............
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Debt collectors will never turn up - We have yet to hear of that happening for any PPC. UKPC have tried phonecalls to extreme comic effect.

    You can divert the address easily enough, just give them another to bother you at - or better still, get your parents in here so they can wise-up to these jokers too. :)

    The envelopes can be a little worrying - "Urgent" "Final" "Important communication - do not ignore" and the like. Its a while since I've seen a PE Scottish chain and they do change things round occasionally but its not obvious demands for payment.

    If your email suggests you moved the car, then yes that's all the "evidence" they need - however that means very little in reality. Don't make the mistake of taking them particularly seriously.
  • Umkomaas
    Umkomaas Posts: 43,807 Forumite
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    edited 10 January 2015 at 2:20PM
    pazza2000 wrote: »
    Is there any implications that in my appeal email that I've indicated I was driving?

    Yes - they now have details of 'the driver', someone they can legitimately pursue. Before you appealed all they could have done was to write to the keeper, requesting the name of the driver, with no obligation on the keeper to divulge this. We advise to make no contact with the PPC after the receipt of this first letter - they will never know who the driver was.

    And as there is no keeper liability law in Scotland, they would be unable to pursue the keeper (as they can in E/W).
    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
  • pazza2000
    pazza2000 Posts: 569 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 21 January 2015 at 2:01PM
    ...........
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 10 January 2015 at 5:22PM
    send the template letter, you have nothing to lose , attach COPIES of any receipts from the shop, like the shopping receipt or a redacted copy of a bank statement (keep the originals safe)

    plus you should be following the alternative of complaining LOUDLY to Morrissons and insisting on a cancellation asap (why do people always ignore the blindingly obvious ?)

    nobody on here would advise you to pay - that would be stupid
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The only option in paying is deciding how much of a mug you are.

    PE may be a real problem in England and Wales but in Scotland and NI, they are nothing but complete jokers!
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 January 2015 at 10:39PM
    pazza2000 wrote: »
    Ok, so going forward, what do I do now? Ignore or pay seems my options, I guess there is no point in appealing. Having read the sticks, I know I could stick it out and all should be fine, my issue is the letters that my parents may see (at least externally), and here is hoping they don't get hold of any phone numbers. I would be happy to pay a smaller amount, I've read they might accept as little as £10. Well worth it to me vs the now £100 (it was £60 if I paid in the first two weeks) fine. How would I reach out to them with a lesser offer. Yes it's unjust but Im fine with paying a reasonable some to stop the letters at my parents (there will be no turning them around to the MSE advice here, there very simple God bless them, and they would be unhappy if they knew I were not paying), however £100 is excessive

    You have asked Umkomaas what to do, and you think 'ignore or pay' are your only options, even though in post #2 he's already given you this so please have another look at what's been said already:
    A few options for you:
    When you have re-read what Umkomaas has already spent time typing out as your options, my query would be why are you panicking? Why on earth are letters even going to come to your parent's address then? You have admitted you were driving so surely PE have your address. If they don't, I would give it to them or any other suitable address away from your parents house - a place where ALL the letters ONLY come to you to ignore. Could be a friend's house, a college address, workplace, another relative who isn't daft enough to just panic and pay, but will pass all letters to you urgently...etc.

    If you pay you are an idiot (I say it like it is). Nothing personal, I say that to any newbies wavering. Paying IS NOT an option unless people are stupid. Complaining to Morrisons would be my first port of call but then Umkomaas already told you that.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    You have asked Umkomaas what to do, and you think 'ignore or pay' are your only options, even though in post #2 he's already given you this so please have another look at what's been said already:
    When you have re-read what Umkomaas has already spent time typing out as your options, my query would be why are you panicking? Why on earth are letters even going to come to your parent's address then? You have admitted you were driving so surely PE have your address. If they don't, I would give it to them or any other suitable address away from your parents house s- a place where ALL the letters ONLY come to you to ignore. Could be a friend's house, a college address, workplace, another relative who isn't daft enough to just panic and pay, but will pass all letters to you urgently...etc.

    If you pay you are an idiot (I say it like it is). Nothing personal, I say that to any newbies wavering. Paying IS NOT an option unless people are stupid. Complaining to Morrisons would be my first port of call but then Umkomaas already told you that.

    Your right...

    I called Morrisons tonight, spoke to an assist Manager, said their is nothing they can do, they lease out the carpark to be managed and stand by PE's decision. Dissapointing.

    I don have receipts either, stupidly. I paid cash and have long binned any receipts. Moving my correspondence address for this seems a bit of hassle (how would I do that)? I agree it's unjust but I would be happy to pay a smaller fine if they would accept it. It's not worry to me, it's more the cost of the grief and any a hassle associated in contacting them again to advise I was the registered driver (they didn't ackowledge thay in the appeal rejection) and that I would like to mail relating to this matter sent to a different address.

    I'll try the template approach above, then see what happens...

    ThanK's for the advice thus far, I do appreciate it
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