Parking Eye charge in Scotland

kirstinm

Hi,

i've been reading a number of different threads but I'm still a wee bit at a loss as to where I stand with a Parking Charge I was issued with. Received a letter from Parking Eye for overstaying in the Burghmuir car park in Stirling in Feb 2016, 3 hour max stay, car was parked for 4 hours but from 6.30pm - 10.30pm approx. The 3 stores located in the "retail park" closed at 8pm and 9pm. I then received Debt Recovery letters stating that if I did not pay then I may find my credit score affected (not sure how as this isn't a loan I'm failing to pay!) followed by a second Debt Recovery letter stating that they may take legal action if I don't pay £140 in within 2 weeks.

I've tried to follow different threads that offer separate advice for England/Wales and Scotland but not found a huge amount of information on what to do when it gets to this point in Scottish legislation. I'm also not sure of the lay of the land since the Beavis case was awarded to Parking Eye. Part of me is feeling quite threatened and concerned by these letters and another part of me is wanting to dig my heels in again a completely nonsense charge,especially partly out with the store operating hours. I would be very grateful for any advice and I'm sorry if I've missed any information out there on the forums that would have helped.

Northlakes

SCOTLAND only is simple enough. IGNORE and don't be tempted into any form of communication without specific advice about not admitting who was driving.

They are just waiting for you either to pay or admit who was driving.

POFA 2012 doesn't apply in Scotland.

beamerguy

whatever you do, don't bite or be reeled in by these scammers.

YOU DO NOT TALK THEM
YOU DO NOT REPLY TO THEM
YOU DO NOT ADMIT TO ANYTHING

You are in Scotland, Parking Eye know that, the vermin they employ to act as debt collectors know that.

They can spout on about the Beavis case, going to court, CCJ's etc etc until the cows come home, just ignore them

Coupon-mad

I've tried to follow different threads that offer separate advice for England/Wales and Scotland but not found a huge amount of information on what to do when it gets to this point in Scottish legislation

That's because there is no legislation North of the Border and there are no steps you need to take. Stop worrying.

another part of me is wanting to dig my heels in again a completely nonsense charge

Good, this is Scotland so you need to do nothing at all. You could complain to the retail park about this harassment of a keeper of a car, when Scotland has no keeper liability in law. DO ask for the stupid PCN to be cancelled if they wish to retain your family's future business.

Don't say who was driving though.

Search the forum for the single word 'Scotland' and read as many threads as you like. Nothing happens - PE do not sue in Scotland.

ThriftyMum_1

I got a ticket from the same company for the same car park almost two years ago. They have sent me a number of increasingly threatening letters and have now passed it to a "debt" recovery firm. I have not engaged with this company.
1 - They don't have a legal power under the Road Traffic Act to ask who the driver was.
2 - They don't have the legal power to burden the registered keeper with the fines (I think they do in England in Wales but the legislation they quote is not applicable in Scotland).
3 - The amount requested as a "fine" is not commensurate with the "loss" the retailers would incur by me overstaying by less than an hour therefore it is not reasonable.

My car could have been driven by me, my husband or a relative on the date in question. My family and I were genuinely unaware of the time limit in this car park (we visit Stirling a few times a week and had never heard of fines in a "free" car park). When I went back to have a look I could see why. The signs are quite high and my car is very low. With all the hazards at that entrance, unless you are looking for the signs they are easy to miss unless you know they are there. Because the company has no legal power I've taken the decision to not engage. They cannot affect your credit rating so please don't be fooled. It is not a debt. I can't see it being worth their while taking my case to a small claims court for a private (i.e. non-criminal) prosecution but I will defend it if they do on the basis of the unfair tactics and lack of power re who the driver was and who would be responsible. Until that law is applied in Scotland (and they wouldn't be able to do it retrospectively) I can't see how they would win.

beamerguy

Parking Eye already know they are handcuffed in Scotland.

Because they are such a disgraceful company, they rely on the ignorance of motorists to line their greedy little pockets

Feel sorry for the PE staff who feed their families knowing it's a scam

fisherjim

They don't have a legal power under the Road Traffic Act to ask who the driver was.

The "road traffic Act" has no influence anyway on private land.