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PCN Perth Mill Street

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Comments

  • Umkomaas
    Umkomaas Posts: 43,844 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The MSP is 99% correct in what he says (quite remarkable grasp of the situation, in very stark contrast to many other MP comments in England/Wales).

    The point I take issue with is his suggestion that Smart are dropping cases on appeal. On the basis that we've seen nothing to back that up here for Scottish cases (there's no POPLA north of the border), I'd be very circumspect about advising anyone to contact Smart with an 'appeal', as, more likely than not, most are going to shoot themselves in the foot with an 'I parked' howler!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Hi all, have taken advice as given to continue to ignore letters. However these are continue to be sent every two weeks and in the latest this notes that this is my final chance to pay, (have received several with offers of payment plans), and that this is them demonstrating 'pre-action protocol' and this is there final offer to settle.

    Is this normal?

    TIA
  • Are any of them a Letter Before Court Claim (LBCC, formerly a Letter Before Action/LBA)?

    If not, you can continue to ignore them.

    If they are, hold on for advice from the other regulars as this is something I'm not too familiar with.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Dmo1092 wrote: »
    Hi all, have taken advice as given to continue to ignore letters. However these are continue to be sent every two weeks and in the latest this notes that this is my final chance to pay, (have received several with offers of payment plans), and that this is them demonstrating 'pre-action protocol' and this is there final offer to settle.

    Is this normal?

    TIA

    The monkeys are desperate for money when they know they can do nothing ...... consider them as timewasting idiots.
    One day, the stupid letters will stop.
  • The letter says the following:

    "Final chance to pay
    We refer to our letter dated ... as you didn't pay what you owe or contact us to say that your are not liable for tha parking charge, we recommend to our client that they appoint their solicitor to start court action against you.

    Settling out of court
    When taking any court action, our client must demonstrate to the court that they have done as much as possible to settle this matter out of court. This is known as pre action protocol. Having discussed this with their solicitor our client is now willing to: give extra time to pay or
    Pay in instalments

    If you refuse to pay
    This is our clients final offer to settle the matter. If our client takes court action, then you will be liable for any fees incurred and would damage your ability to obtain credit."

    Unsure if this is just an empty threat to get me to pay or weighing up their options?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Empty threat. This is Scotland and they are debt collectors! Not able to litigate.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Dmo1092 wrote: »
    The letter says the following:

    "Final chance to pay
    We refer to our letter dated ... as you didn't pay what you owe or contact us to say that your are not liable for tha parking charge, we recommend to our client that they appoint their solicitor to start court action against you.

    Settling out of court
    When taking any court action, our client must demonstrate to the court that they have done as much as possible to settle this matter out of court. This is known as pre action protocol. Having discussed this with their solicitor our client is now willing to: give extra time to pay or
    Pay in instalments

    If you refuse to pay
    This is our clients final offer to settle the matter. If our client takes court action, then you will be liable for any fees incurred and would damage your ability to obtain credit."

    Unsure if this is just an empty threat to get me to pay or weighing up their options?

    DRONGO THREATS desperate for money.

    Who do they think they are taking to court in Scotland. Only Drongos think that

    BUT, as they threaten your credit score which is menacing, take the letter to Trading Standards Scotland.
  • And your credit score is only affected if you lose and don't pay. If you have quoted them word for word then that is a serious breach of all legal protocol.

    As Beamerguy says, go to trading standards.
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