PCN in Scotland, just got a Notice of Intended Court action

musteh

Hi All

First off I'd like to thank MSE for helping me in the past and stopping me from paying my PCN / Fake PCN unnecessarily over a year and a half ago.

I live in Scotland and was notified of a fine about 2 years ago because my car was (apparantly ) left for over 2 hours at the Almondvale shopping centre Livingston (where legitimate shopping was taking place in all honesty)

I read through the threads here and made a decision to ignore each and every letter which progressively got more and more threatening. All was quiet for about a year until last month when DRP (Debt Recovery Plus) wrote to me informing me of a "landmark" case which meant I now had to pay it immediately (Beavis -v- ParkingEye). I came back here, thought about it and felt the correct decision was to keep ignoring it.

Just got another one : "Notice of Intended Court Action - Unpaid Parking Charges £149.99" which references the landmark case again and also states I'll be expected to pay the fine, court fees, solicitors etc.

I reckon I can still ignore this, but I wanted to check with you guys in case I'm missing something....I have made zero contact with these cowboys.

Thanks

Quentin

Ignore all debt collectors letters

musteh

Thanks Quentin, that's exactly what I expected and hoped to hear, I just needed a little reassurance

Coupon-mad

Search the forum for 'landmark Debt Recovery plus'. Too many threads!!

musteh

Damn...yeah just found a couple of relevant threads...I'll try to be more exhaustive with the search next time!

Thanks for humouring me

hoohoo

If the letter at all mentions that keeper liability applies and that you are being pursued not as driver but as keeper, then you should contact trading standards, who recently took out a civil prosecution against CEL. They failed, but only because the evidence was not watertight, so are not likely to make the same mistake twice.

bigspender1971

I've had exactly the same letter (also Livingston! ). Just ignoring

System

Assume this is Highview. If you were not the driver on the day and they are threatening you with court then send any letters to Trading Standards to complain.

Falkirk TS are already on the case of G24 who have been misstating the legal position in Scotland. (All a mistake they say!)

Even though DR+ has sent the letter, the client (Highview?) bares the responsibility for the honest and truthful content of any letter sent on their behalf - difficult I know for most of them.

So feel free to send a harassing letter back via TS

Umkomaas

DRP are doing a sweep of old cases hoping to spook people into paying by sending out this latest barrage of letters containing 'frighteners' like 'Notice of Intended Court Action', 'Supreme Court', 'Barry Beavis', 'Landmark Judgment' and the like.

The harsh reality is (for DRP), that despite Beavis, they are just as stuffed as they've always been in trying to pursue cases.

Continue to ignore.......!

NorthernSky67

Totally share your concern musteh - just got the exact same letter myself from DRP for the Highview mob - also for the Almondvale Shopping Centre. Likewise mine was from an alleged 'overstay' in 2013 - and following advice I'd read (mainly on here) I ignored all the letters (but kept them).

The "new" DRP letter is also for £148.99 and quotes the "landmarkcourt decision" - rest assured that like you I will be ignoring it. It was especially pertinent to read this on another thread -

"...above is a similar query except this is Scotland and I assume your case wasn't. If it was in Scotland then the letters cannot tell the keeper that the keeper is liable (because the POFA 2012 does not apply, North of the Border). If it was in England/Wales then they can allege keeper liability - but you can still ignore and collect the letters. Do not bin them, just in case, for six YEARS..."

Thought the letters had stopped, they were alarming, then annoying, then amusing once I read up on Highview etc. Reassuring to see the message here is still very clear and can be summed up in one word - IGNORE!

musteh

Thanks again all - Ir is indeed from Highview - I haven't seen keeper liability on the paperwork I've received : they seem to be treading carefully :-S

It irritates me deeper than I can express to see the stunts these guys are pulling. I worry about old folk being sent these letters and paying them without a second thought quite a racket they've got going on.

Like I say, it's sad that a family choose to spend their day shopping at somewhere like Almondvale only to be shaken down like this as a reward for their custom. I sent pets at home a lengthy email to complain about the incident (one of the main reasons for going there was hamster supplies) but they've gave me a template response back which didn't seem to understand the problem. I won't be back.