Advice please

Paula_M

I live in Scotland and received a penalty from CP in March for not paying to park. It was a phone to pay system which I knew I had followed although when I checked my bank payment hadn't been taken.

I appealed on the basis it was there error and sent them a copy of my phone log. They at first refused the appeal quoting a reason and saying it was invalid but it wasn't the reason I had given. I contacted them again and was told if I sent them my phone bill they would cancel.

In the meantime I had requested this from EE. After getting the wrong information for the 3rd time I was told I had to make a data request which would take a month. I did this and kept the parking company informed. I eventually received the information at the start of July and sent it on. I assumed this was the end of it.

I then received a notice from a debt collection company. I told them I had sent the information the company had requested and gave them the date sent, along with a further copy. The response was all correspondence has been dealt with please make payment. I offered to resent the copy phone bill direct to CP but just kept getting the same response, that I should make payment. I explained I wouldn't be and why but this has now been passed to a solicitor.

Looking for advice on what I should do next please.

pogofish

Read the Newbies Sticky and take the specific advice for Scotland - IGNORE the bams forthwith!

beamerguy

Paula_M wrote: »

I live in Scotland and received a penalty from CP in March for not paying to park. It was a phone to pay system which I knew I had followed although when I checked my bank payment hadn't been taken.

I appealed on the basis it was there error and sent them a copy of my phone log. They at first refused the appeal quoting a reason and saying it was invalid but it wasn't the reason I had given. I contacted them again and was told if I sent them my phone bill they would cancel.

In the meantime I had requested this from EE. After getting the wrong information for the 3rd time I was told I had to make a data request which would take a month. I did this and kept the parking company informed. I eventually received the information at the start of July and sent it on. I assumed this was the end of it.

I then received a notice from a debt collection company. I told them I had sent the information the company had requested and gave them the date sent, along with a further copy. The response was all correspondence has been dealt with please make payment. I offered to resent the copy phone bill direct to CP but just kept getting the same response, that I should make payment. I explained I wouldn't be and why but this has now been passed to a solicitor.

Looking for advice on what I should do next please.

Yet another story of stupidity by CP.

Who is the solicitor who fails to understand as well ?

Fruitcake

It's a shame you appealed this in the first place as there is no keeper liability in Scotland. Only the driver can be liable so if you don't tell them who that is they are stuffed.

You can safely ignore debt collectors as they have no powers to do anything other than send free bog paper or firelighters, anywhere in the UK.

As above, read the Sticky thread for NEWBIES but for now you can ignore anything and everything you get for the next five years (six in England and Wales) unless it is real court papers issued by a Scottish court.

Paula_M

I originally appealed because there was a case in Glasgow in the papers recently and the fine had been enforced and I knew I was in the right. It's now clearly ridiculous that they are trying to enforce but I wasn't sure if starting to ignore was the right way to go. The solicitors are QDR

Fruitcake

Paula_M wrote: »

I originally appealed because there was a case in Glasgow in the papers recently and the fine had been enforced and I knew I was in the right. It's now clearly ridiculous that they are trying to enforce but I wasn't sure if starting to ignore was the right way to go. The solicitors are QDR

You can't get fined by a private parking company or any individual for that matter, so I suspect the word fine was incorrectly used if the newspaper mentioned it.

It may of course have been a council car park where a penalty notice would be issued for non-payment, and a fine imposed by a court.

As far as I am aware, no private parking company has succeeded in a Scottish court, although several have been on the wrong end of a judge's decision as defendant.

Paula_M

Thanks for your help