PCN Letter Delay

liammscullion

CM done everything you said this morning and this is the response from the fleet manager:

As this is a company car the fines are directed to the company, so can give a short time to resolve.

As I said yesterday the business will not accept a CCJ for non-payment of a fine. I have clear instruction on this from the CEO.

Advise as and when you receive a response.

I have replied again stating that they're not liable and a CCJ cannot be applied in Scots Law, where the offence took place and I reside.

They just aren't getting it. Appeals for both have been sent to Smart Parking though.

Umkomaas

And tell them that this isn't a 'fine'.

Coupon-mad

As I said yesterday the business will not accept a CCJ for non-payment of a fine

I understand your concern but I have made it clear - I hope - that a CCJ to the company from 'Smart Parking' is impossible in these circumstances. This is not a 'fine', was not on private land in England and these are not compliant documents capable of holding any owner/keeper liable. Only the driver can be held liable by Smart Parking, this is well documented and the POFA 2012 does not apply for two very distinct reasons (the wording and the private land location being in Scotland).

I will appeal any 'private parking invoice' and I will be able to show you the outcome when these are cancelled in due course (however these are purely a threat to me, the driver, not the company). There is no danger of any CCJ and I would not expose the company to that.

liammscullion

Thanks again coupon mad. i'll reply with that exact email. Hopefully that will keep my company happy.

I will also keep you posted upon the response from Smart Parking once I hear back from them.

peever67

I'm new to the site and believe I'm in the same position as Liam i.e.; same car park (from supporting the same football club!!) and same PCN situation. I'm the registered keeper of the car and have had two PCNs'. I advised Smart Parking that I was not the driver on the days in questions but have now had a demand from Debt Recovery Plus. I phoned them earlier this morning to tell them I was not the driver however the person I spoke to said it was likely it would still go to the Sherrif's Court who would write to me demanding that I tell them who the driver was. I said my understanding was that this is not the case in Scotland however she was adamant it was and referred to the ''landmark case'' for last November. Instinct and logic tells me this is nonsense and scare tactics but I guess I need re-assurnace that I'm not potentially going to rack up additional costs or risk legal action. Please help!! Thanks By the way I stopped parking there on receipt of the PCNs'.

liammscullion

CM one more thing, what kind of reply do you think I will get from Smart Parking, I used the Edna Basher "Hire Car" template?

Coupon-mad

My expectation would be Smart will see they have no wriggle room and might just cancel.

peever67 wrote: »

I'm new to the site and believe I'm in the same position as Liam i.e.; same car park (from supporting the same football club!!) and same PCN situation. I'm the registered keeper of the car and have had two PCNs'. I advised Smart Parking that I was not the driver on the days in questions but have now had a demand from Debt Recovery Plus.

I phoned them earlier this morning to tell them I was not the driver however the person I spoke to said it was likely it would still go to the Sherrif's Court who would write to me demanding that I tell them who the driver was. I said my understanding was that this is not the case in Scotland however she was adamant it was and referred to the ''landmark case'' for last November.

Instinct and logic tells me this is nonsense and scare tactics but I guess I need re-assurance that I'm not potentially going to rack up additional costs or risk legal action. Please help!! Thanks By the way I stopped parking there on receipt of the PCNs'.

Consider yourself fully reassured and do not RING Debt Recovery Plus - their agenda is to make money from you! Nothing more, nothing less.

Your instinct is right. Ignore the DR Plus letters, read this:

https://forums.moneysavingexpert.com/discussion/5035663

HTH

peever67

Thanks very much for your help.

liammscullion

Hello Coupon-Mad

After all this time, I have been successful in 4 out of the 5 appeals. However, the last one has resulted in a court order being issued to my work, even though I gave my email address to contact me on.

I used the same letter throughout and have photographic evidence that I contacted them but it states "you never contacted us". Unsure where to go from here...

Coupon-mad

liammscullion wrote: »

Hello Coupon-Mad

After all this time, I have been successful in 4 out of the 5 appeals. However, the last one has resulted in a court order being issued to my work, even though I gave my email address to contact me on.

I used the same letter throughout and have photographic evidence that I contacted them but it states "you never contacted us". Unsure where to go from here...

Court papers can't be served by email so you should have given a postal address. No matter, it is defendable.

Read the advice under 'Small Claim?' in the NEWBIES thread and acknowledge it via MCOL and read the example defences you can see there as links. And search the forum for 'defence'.

Are you seriously telling us you have actual court claim papers (not just a threat) from Smart Parking? They never sue people. Which Solicitors? Show us the letter!