Penalty charges incurred in England to Scots Motorists

booler

I wonder if anyone can help me with this one.

I live in Scotland. In May 2016 I lent my car to someone when I was going abroad for a couple of weeks. As it happened I sold him the car and he kept it when I got home. I never drove it again.

While I was away he parked in a Parking Eye controlled car park in Newquay. He paid but apparently he overstayed the time that he had paid for and they sent me a penalty charge notice.

At first I ignored this but they kept harassing me and as they became more threatening I sent them proof that I was not in the country when this happened. I told them I would not be paying and asked them to stop harassing me.

I then received a letter from "Debt Recovery Plus" insisting that I tell them who was driving the car at the time. I ignored this. I have now received another letter from them threatening me with court action if I don't pay. They say that if I have not paid by 26/12 they will pass my file to their client with a recommendation that they take court action against me.

Firstly, can they take court action against me when I have proven that I was not the driver?

Secondly, as an English based company could they actually try to pursue this through the Scottish courts?

pappa_golf

alloy them to start court action , YOUR local court


they are using DRP because they know they cannot win , expect letters from expedia (???) next , keep calm do not admit to driving or name driver

Umkomaas

Firstly, can they take court action against me when I have proven that I was not the driver?

‘They’ would have to be ParkingEye, not DRP, because they can’t.

Secondly, as an English based company could they actually try to pursue this through the Scottish courts?

Yes, but it would be far more complicated than they currently experience in England and Wales, and rather more costly. You’d be their very first, but as you weren’t the driver, there’s no one to pursue.

PE are well out of this now, that’s why they’ve handed the case over to DRP to try their intimidation and harassment tactics. A bit of a hospital pass for DRP - especially as you’re going to ignore anything DRP sends you.

There’s no magic solution to this - you just have to ride it out for the next 5 years (limitation in Scotland for PE to pursue through the courts). It’s 6 years in E/W.

beamerguy

As pappa said, invite them (PE) to take you to your local
court in Scotland but they will need to know who
the driver was ....... NO COMMENT FROM YOU

DRP ARE JUST TIMEWASTERS :rotfl::rotfl::rotfl:

DRP CANNOT TAKE YOU TO COURT

IGNORE DRP AS THEY ARE USELESS AND POWERLESS

pappa_golf

hospital pass , that rings a bell , case last year aintree hospital , person moved to scotland , they DID start court action , and won at the TAXPAYERS expense , bloody joke!!

Umkomaas

pappa_golf wrote: »

hospital pass , that rings a bell , case last year aintree hospital , person moved to scotland , they DID start court action , and won at the TAXPAYERS expense , bloody joke!!

Where was the court action - in England or Scotland?

Any links to this PG? I don’t recall it.