Parking Eye, Glasgow

Maybesaye

Have recently used the suggested template regards keeper not being obliged to name driver and received a letter from Parking Eye citing Elliott v Loake 1982. Having checked again on the MSE site this morning there seems to be suggestion that the tactic of refusing to name the driver now only works in Wales and that in Scotland the 'owner' can in fact be held liable and identified for Parking Eye by DVLA but would have to be pursued through a county court action. Is this a correct assessment and would an English county court pursue a driver located in Scotland?

Jim_AFCB

Keeper liability does not apply in Scotland, therefore the advice is to never communicate with the scammers in any way shape or form.

That way, they can never find out who the driver was.

They cant go through the County Courts in England to persue a driver in Scotland.

System

Can we see a copy of that letter. I'd bet it is not on PE paper.

Fruitcake

Maybesaye wrote: »

Have recently used the suggested template regards keeper not being obliged to name driver and received a letter from Parking Eye citing Elliott v Loake 1982. Having checked again on the MSE site this morning there seems to be suggestion that the tactic of refusing to name the driver now only works in Wales and that in Scotland the 'owner' can in fact be held liable and identified for Parking Eye by DVLA but would have to be pursued through a county court action. Is this a correct assessment and would an English county court pursue a driver located in Scotland?

Please point us in the direction of that suggestion, as the only thing I can find about Scotland is to ignore, ignore, and keep ignoring until hell freezes over, and then ignore some more.

Maybesaye

The source of info for my question regards the question of who was driving the vehicle lies in paragraph 5 of the "how to avoid private parking charges" help section on this website. It states as follows:
In Scotland there is no "keeper liability" (which means the owner of the car is responsible if they refuse or are unable to say who the driver was at the time) but BPA and IPC members can get owner details from the DVLA. Any disputes would then have to be settled at small claims court.

This would seem to me to suggest that drivers in Scotland are no longer immune from further action by PE and others.

pogofish

It suggests nothing of the sort!

In Scotland, the position is effectively unchanged and legal actions by PPCs are still very rare indeed - and nonexistent where the driver has not been identified.

Similarly, the procedure involved for cross-border claims are quite unused by PPCs

And you should be reading the Newbies Sticky at the top of this forum for the most accurate and up to date info - The MSE guide has a few issues TBH.

System

This would seem to me to suggest that drivers in Scotland are no longer immune from further action by PE and others.

Drivers in Scotland have never been "immune" as you call it. Writing to Keepers which is all PE can do and then saying they are liable based on Elliott v Loake 1982 is considered under Scots Law "extortion".

So where is this ParkingEye letter you mentioned as there are a few legal types up there that would be interested.

Maybesaye

the letters received so far have all been from DRP (Debt Recovery Plus) on behalf of PE.

Fruitcake

Maybesaye wrote: »

The source of info for my question regards the question of who was driving the vehicle lies in paragraph 5 of the "how to avoid private parking charges" help section on this website. It states as follows:
In Scotland there is no "keeper liability" (which means the owner of the car is responsible if they refuse or are unable to say who the driver was at the time) but BPA and IPC members can get owner details from the DVLA. Any disputes would then have to be settled at small claims court.

This would seem to me to suggest that drivers in Scotland are no longer immune from further action by PE and others.

I'm sorry, I'm being thick here, but I can't find that using the MSE search facility. Where exactly is it please?


I can only go on what is written in the NEWBIES thread on this webpage ...


If you stay in Scotland or NI please do complain to the retailer but do NOT appeal, DO NOT GIVE AWAY WHO WAS DRIVING (see below).

and ...


If in Scotland/NI:

Apart from (of course!!) complaining to the landowner/retailer you should IGNORE your fake PCN unless you are not the registered keeper and that is a company (hire car or leased/company vehicle).*


You are safe to ignore because there is no worthwhile appeals process - do not believe what the fake PCN says! This Watchdog video still applies in Scotland and NI because a PPC has to know who was driving (unlike in England/Wales now):

http://www.youtube.com/watch?v=XAIcdi9niHA

WHEN IGNORING IN SCOTLAND/NI, KEEP ALL LETTERS. DO NOT THROW THEM AWAY EVEN IF YOU HAVE MADE A PAPER AEROPLANE FROM THEM!

pogofish

Maybesaye wrote: »

the letters received so far have all been from DRP (Debt Recovery Plus) on behalf of PE.

Post four of the Newbies Sticky tells you all about DRP and what to do with them - for all parts of the UK!

Iceweasel

Maybesaye wrote: »

The source of info for my question regards the question of who was driving the vehicle lies in paragraph 5 of the "how to avoid private parking charges" help section on this website. It states as follows:
In Scotland there is no "keeper liability" (which means the owner of the car is responsible if they refuse or are unable to say who the driver was at the time) but BPA and IPC members can get owner details from the DVLA. Any disputes would then have to be settled at small claims court.

This would seem to me to suggest that drivers in Scotland are no longer immune from further action by PE and others.

You have that completely the wrong way round - no keeper liability means exactly that - no liability.

If I refuse to divulge who was driving my car when any alleged 'parking violation' took place all PPCs are totally stuffed.

So it continues to be ignore - as usual.