Glasgow Quay PCN (Scotland)

GMac264

Hi folks!

I've received a PCN from Horizon Parking for "Exceeding Maximum Stay Period (ANPR)" at Glasgow Quay. I've read through the newbies thread and I'm under the understanding that, as I stay in Scotland, I should just ignore it.

However, to avoid receiving all the nuisance debt collector letters that will likely follow, I was thinking about sending the following appeal (taken from one of the related threads)

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I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party. The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured.!

There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4.!

This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found: ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.'

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I've been reading a lot of threads on here and I'm struggling to understand the differences between Eng&Wales and Scotland. Can somebody please advise if they think the above appeal is a good idea?

Thanks

KeithP

I wouldn't bother sending that.

All it talks about is The Protection of Freedoms Act.

The Protection of Freedoms Act does not apply, and therefore has no relevance, in Scotland.

Umkomaas

PoFA doesn’t apply in Scotland. There’s no way you can stop the letters coming, other than sending them a cheque or getting the landowner to cancel. Your proposed communication will have only one impact - they will spot that this has bothered you and their mindset will be ‘Let’s up the ante, he may crack’, so you’re likely to get even more attention.

You seem not to understand what we mean by IGNORE!

Quentin

GMac264 wrote: »

..... Can somebody please advise if they think the above appeal is a good idea?

The only way to stop the letters is to win at appeal, and that won't win!


The advice you should be following is as given in the newbies faq thread - ignore everything except court correspondence!

GMac264

Thanks for the advice guys ��