Default Judgement In Favour Of Glagstones Solicitors- Please help!

beamerguy

bargepole wrote: »

A person in Scotland ignored multiple tickets because they believed the charges to be unenforceable, and ended up being ordered to pay £24,500 to VCS by the Sheriff. Judgment here: https://theipc.info/uploads/3BhP8idTwMPR1klCnakid8qZugLQTjuYmakceNNOuLE/Vehicle%20Control%20Services%20Ltd%20v%20Carly%20Mackie%20-%20JUDGEMENT%2013.01.17.pdf

OMG BP, was that just a default

bargepole

beamerguy wrote: »

OMG BP, was that just a default

No, it was a contested case.

The defender's main argument was that all private parking charges in Scotland are unlawful. Unsurprisingly, the Sheriff didn't agree.

This is what can happen when you get your legal advice from a bloke in the pub.

beamerguy

bargepole wrote: »

No, it was a contested case.

The defender's main argument was that all private parking charges in Scotland are unlawful. Unsurprisingly, the Sheriff didn't agree.

This is what can happen when you get your legal advice from a bloke in the pub.

so what is the affect for scotland now

fisherjim

beamerguy wrote: »

OMG BP, was that just a default

No BG if you wade through it, it was the daughter of a tenant who basically admitted she was the driver, thought she knew best, and continued to park without a permit, and was also thinking she was sticking two fingers up to the system.

Umkomaas

ended up being ordered to pay £24,500 to VCS by the Sheriff.

Ouch! That's really painful. Unless Daddy's minted, that's likely a lifetime debt.

beamerguy

fisherjim wrote: »

No BG if you wade through it, it was the daughter of a tenant who basically admitted she was the driver, thought she knew best, and continued to park without a permit, and was also thinking she was sticking two fingers up to the system.

Thanks, WOW, !

bargepole

beamerguy wrote: »

so what is the affect for scotland now

The effect for Scotland is no different now from what it was before.

In order to pursue PPC claims, they need to prove the identity of the driver, as keeper liability under POFA doesn't apply north of the border.

In this particular case, there was no dispute over the driver's identity, so the Sheriff concluded she was bound by the contractual terms.

What the judgment doesn't tell us, is what the wording on the signage was. If it said that only permit holders are permitted to park, then it could have been argued that this was a forbidding offer, so no contract could have been formed with non-permit holders, therefore she could only have been sued by the landowner for trespass.

But that wasn't pleaded by the defender, it seems.

System

This is what can happen when you get your legal advice from a bloke in the pub.

Or a highly respected local solicitor that had handled hundreds of these claims before.

IMHO the issue was the client in this case who failed to take advice and took the "see you in court" attitude.

fisherjim

Interesting that the parking difficulties were in effect engineered by the council's green policy, by limiting the parking spaces in planning stages.

The only winner being the ppc, the motorist meanwhile kicks out pollution driving around looking for a space elsewhere!

Guys_Dad

We need to be digilant with the advice provided to Scottish motorists. Some posts previously may have been a bit cavalier in the way the advice was worded.

c-m's NEWBIES advice is factually correct re Scotland, but I think it may need a couple of sentences added as it may give over-confidence to Scottish drivers and omits one crucial bit of advice.

It reads
"If in Scotland/NI:

Apart from (of course!!) complaining to the landowner/retailer you should IGNORE your fake PCN unless you are not the registered keeper and that is a company (hire car or leased/company vehicle).*

You are safe to ignore because there is no worthwhile appeals process - do not believe what the fake PCN says! This Watchdog video still applies in Scotland and NI because a PPC has to know who was driving (unlike in England/Wales now):

http://www.youtube.com/watch?v=XAIcdi9niHA

WHEN IGNORING IN SCOTLAND/NI, KEEP ALL LETTERS. DO NOT THROW THEM AWAY."

Should a motorist complain to the landowner and make it known they were the driver - as in the case supplied by Bargepole - then it seems that there is a fair chance of losing, with horrendous consequences.

That's why I suggest a slight revision to the Newbies' advice in Scotland.