Parking awareness

Umkomaas

I need to supply a Disclosure Scotland in the form of PVG

Do you live in Scotland?

patriciaq

Yes, I live in Scotland

Umkomaas

patriciaq wrote: »

Yes, I live in Scotland

You're out of jurisdiction for pursuit through the England or Wales courts in which countries keeper liability applies; the PPC could only do so through the Scottish courts which would be one almighty difficulty for any PPC.

Even ParkingEye, the most litigious operator in the country, who last year issued over 30,000 claims in England and Wales, has never been near a Scotland court room. PoFA (keeper liability) does NOT apply north of the border. So I can't imagine a bit-part operator like PAS being prepared to attempt to prove who the actual driver was, then, literally, spend hundreds of pounds to recover £100 by taking on the Scottish courts.

Our standard advice to anyone living in Scotland or receiving a ticket in Scotland is to IGNORE PCNs. Sleep easy, nothing other than powerless debt collector junk mail will come your way!

patriciaq

Thank you so much for this information, I knew if the charge was issued up here then it was unenforceable and the rules were different in England but that is good to know
Thank you again everyone for your help

Umkomaas

But be ready for a number of debt collector letters, and be especially ready for one of the later ones mentioning 'court action'. Complete bluff - debt collectors can't take you to court. If you read the text carefully you will see 'recommend to the PPC', 'may instigate court proceedings' and similar mealy-mouth statements. Again completely ignore these.

In the infinitesimal chance any legal documents are served (about as likely as winning every weekend's lottery between now and Christmas!) come back to let us know. I'll be hiring the bus to bring all the forum regulars and legal heavyweights up to Scotland to watch PAS perish!

Have a great Christmas - well rid of this nonsense.

The_Deep

Cannot OP issue a money claim against the PPC for that which she has already paid. The PPC appear to have obtained money to which they were not entitled by deception, a matter for Trading Standards/Police/DVLA/BPA.

patriciaq

***UPDATE**
Hi Guys back again for more advice
just received a letter headlined Notice of Debt Recovery I'm overdue the parking amount plus another £60 added on to it for admin fees. I've gone from being passed on to MIL to DCBL (Direct Collection Bailiffs Limited)
I can pay up
Call to discuss this matter or wait 14 days for the case to be reviewed for legal recovery and such costs being added to the debt recovery.
Back of the letter says This case is not subject to high court or Bailiff action
I still live in Scotland, debt was from Blackpool
Any advice what to do with this?

Thank you all for your time and support on this matter

catfunt

Carry on ignoring.

You are in Scotland and they can only chase the driver.. if they know who that is.
Continue to follow the advice above.

patriciaq

Trying to read through the forums about this company and someone raised, "what if they keep adding money on to raise it to high court"
is this possible?

beamerguy

patriciaq wrote: »

Trying to read through the forums about this company and someone raised, "what if they keep adding money on to raise it to high court"
is this possible?

The advice as above says to ignore, you are in Scotland.

This is a county (sheriff) court issue, it's a civil case. You are not a criminal so forget any other court, they are not applicable

The only time we will see a parking company in a High Court is when they are being prosecuted for fraud .... which is long overdue