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Smart parking charge - strothers lane, Inverness

2

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    PParker wrote: »
    I am on my third letter from DRP after an identical event in Aug 15 - have spoken to CAB and it is suggested that currently there is no evidence that Smart Parking /DRP have gone to the small claims court to recover these unpaid charges. I will continue to ignore but would seek legal advise in the future if I am pursued further. For minor infringement of 'the rules' the £160 penalty is ridiculous.

    they have 5 years in Scotland to harass you, so expect more of the debt collector letters, even if the company name appears to change , like DRP to Zenist or some other "name" , its just more of the same and should all be filed in a folder and left to fester for 5 years

    if a court claim arrived from your courts (sheriff or whatever the courts are up there), then and only then do you seek advice

    until that actually happens, IGNORE

    the debt collectors are powerless, so can only send you hamster bedding in the post, empty threats designed to intimidate

    after 5 years, court can no longer be sought, which as there is no keeper liability in Scotland, means they have no case as they dont know the drivers details, keep it that way
  • Unfortunately I've given them my details. My wife tried to find somewhere to park while going into TK Max, whose car park it is. When she couldn't find anywhere, I got into the drivers seat and drove around looking for one. I realised I had no money (I'd just come out of hospital) so didn't park, but drove around till she came out. Total time in car park was 15 minutes.
    I think I've made the mistake of arguing with them - I didn't park, so could not read all the warnings.
    Their argument is that by being there I entered into a contract. I've had my 4 letters and threats from DRP. I told them I thought the charge was unreasonable - 160 pounds worked out at over 10 pounds a minute. I'm a bit concerned they may decide to use me as a test case because I've argued, and given details of the drivers. Any help, please? I really don't want to pay this on principle
    Also, since it's an English firm, could a case be brought in England? I know that some of this has been covered before, and apologise, but I suspect I may have laid myself open by being too honest!
    Thanks anyway.
  • Herzlos
    Herzlos Posts: 16,000 Forumite
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    They'll need to deal with it in a Scottish Court, and from what I can tell private parking companies have had a 0% success record up here.

    Ignore anything now that isn't from a real court (if it's an English one, you'll need to respond with a "Not in Jurisdiction" defence; the PPC's have form for trying to push them through the Northhampton bulk processing centre by making it look like an English Address (i.e. they'll leave off the "Aberdeen, Scotland" part and just send it to "12 sample lane, AB12 3BC"))
  • Castle
    Castle Posts: 4,947 Forumite
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    Actually, based on my reading of post 13 it sounds like your wife was the driver, as she drove the car into the car park!
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
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    This has become one mixed up thread!

    @Alstr - are you connected with the original poster - Vixenmark1? If not you need to start a new thread of your own, but as you're in Scotland, you only need to open a new thread if you don't understand the word 'IGNORE'. :)
    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
  • Herzlos
    Herzlos Posts: 16,000 Forumite
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    Castle wrote: »
    Actually, based on my reading of post 13 it sounds like your wife was the driver, as she drove the car into the car park!

    That's a good point - your wife entered the car park but you allegedly breached the conditions. She can't be held liable for a breach she didn't cause, and you can't be held liable for a contract you weren't party to.

    You've also got the point that the only reason you were driving round the car park for 15 minutes was because there weren't any spaces, and there's small court precidence for the idea that finding a space isn't parking; so again you should be fine.
  • Thanks to all for your help. Will now sit on my hands!!
  • Question. ...We also received these letters and ignored as advised on all these forums... We now have received a letter from 'Zenith Collections ' saying how the case has been passed to them. Do I still ignore?? Any advise would be appreciated. Ali
  • AltheHibby
    AltheHibby Posts: 733 Forumite
    Eighth Anniversary Combo Breaker
    Read the light grey writing at the bottom. It gives away that it's the same company ("a trading name of DRP" or similar). It's the same bunch of cretins.

    And, yes, keep ignoring.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Question. ...We also received these letters and ignored as advised on all these forums... We now have received a letter from 'Zenith Collections ' saying how the case has been passed to them. Do I still ignore?? Any advise would be appreciated. Ali

    Oh for goodness sake not again!!

    Zenith collections is another desk in the scumbag, dross, lying, Muppet, sterrile organisation also know as Debt Recovery Plus who are just Debt Collectors!

    They can't do anything except waste their time, paper and ink sending you ignorable scrap paper!!!
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