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PCN / NTK Scotland

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Hi. At the start of December, a friend used a shopping centre car park that had recently started applying parking charges ( used to be free, then P&D, then free once again, now P&D ).

They were not aware of any new charges that apply, and rather clumsily parked in a disabled bay which was mistaken for a normal bay ( poor signage & markings ). They came back to their car after 20minutes to find the little yellow ticket directing them to MyParkingCharge with a serial number written on. I told them after the event to ignore the ticket, and not to log on to that website ( as I assumed this would be acceptance of liability ).

Fast forward a few weeks, they have received NTK ( posted 19/01 ). The company is Vehicle Control Services LTD, from Sheffield, and the contravention is parking in a disabled bay without badge.

I've never been in this situation myself, so offered to do a bit of digging on their behalf. I've read the newbies guide, which says to complain to store ( shopping centre? ) manager. Should this just be about how the bay is indistinguishable from normal bays? ( it was the last allocated disabled bay before normal ones ). I imagine this complaint will fall on deaf ears, so would they then proceed to ignore all future communications? They are worried about being identified, as they read the ticket, then had a wander to look for information on charges etc, so fear being caught on CCTV.

Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    did you read the newbies thread? there was a topic regarding tickets in scotland and NI

    **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

    https://forums.moneysavingexpert.com/discussion/4816822


    parking Cos do not use CCTV , shopping centre security do , but will not hand any data over
    Save a Rachael

    buy a share in crapita
  • Umkomaas
    Umkomaas Posts: 43,415 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    After complaining to the landowner/retailer, then its ignore anything else other than a vanishingly unlikely issue of court papers for the Sheriff Court.
    They are worried about being identified, as they read the ticket, then had a wander to look for information on charges etc, so fear being caught on CCTV.
    So VCS know what they look like? Are they a celebrity or something?
    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
  • s88
    s88 Posts: 60 Forumite
    Third Anniversary 10 Posts
    pappa_golf wrote: »
    did you read the newbies thread? there was a topic regarding tickets in scotland and NI

    **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!




    parking Cos do not use CCTV , shopping centre security do , but will not hand any data over

    Yes, I have read the newbies thread, to which Scotland is only mentioned here:
    Q - ''I'm in Scotland/NI, so is the advice different?''

    A - IF THE EVENT TOOK PLACE IN SCOTLAND OR NI, WE SUGGEST YOU DO (ALWAYS!) COMPLAIN TO STORE MANAGEMENT IF YOUR PCN IS FROM A RETAIL PARK, BUT DO NOT APPEAL, UNLESS YOUR CAR IS A COMPANY/HIRE/LEASED VEHICLE, IN WHICH CASE, APPEAL AS HIRER/LESSEE (SEE * AT THE FOOT OF THIS POST).

    IN SCOTLAND/NI, DO NOT BE ALARMED BY ODD POSTS SUGGESTING YOU SHOULD 'NAME THE DRIVER'...FOR OBVIOUS REASONS THIS IS NOT THE MAJORITY VIEW AND SIMPLY ABANDONS THE DRIVER (USUALLY A FAMILY MEMBER) TO THE PARKING SHARKS, WITH A LESS STRONG DEFENCE. CERTAINLY COMPLAIN TO THE RETAILERS, BUT IGNORE THE PARKING FIRM UNLESS YOU GET A CLAIM. IN SCOTLAND THIS IS EXCEEDINGLY RARE, AND DEFENDABLE BY A KEEPER, WHO CURRENTLY HAS A FAR MORE PROTECTED POSITION IN LAW THAN AN ADMITTED DRIVER.

    WHEN IGNORING IN SCOTLAND/NI, KEEP ALL LETTERS. DO NOT THROW THEM AWAY, FOR 5 YEARS.
    All I can gather from this information is to complain to property/land owner, not to appeal, and ignore any further communications. Only asking for clarity, as it's a very big post, with lots of hyperlinks to other information, which -from my uderstanding- is essentially irrelevant in this particular case
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Another point you should have gathered from that extract from the NEWBIES FAQ thread is :
    Never give away the identity of the driver.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    the protection of freedom act vdoes not apply in scotland/NI , therefor they can only go for the driver , not the keeper as in england


    if your friend does not tell VCS the divers name , then they have a huge hurdle to jump

    if you appeal you are likely to say "I did" etc , hence keep stum


    return if you get court papers , only fools that admit to driving are being taken to court


    expect LOTS of threatening letters
    Save a Rachael

    buy a share in crapita
  • s88
    s88 Posts: 60 Forumite
    Third Anniversary 10 Posts
    KeithP wrote: »
    Another point you should have gathered from that extract from the NEWBIES FAQ thread is :
    Never give away the identity of the driver.
    Oops, my bad. I wasn't aware I revealed who the driver was.
    pappa_golf wrote: »
    the protection of freedom act vdoes not apply in scotland/NI , therefor they can only go for the driver , not the keeper as in england


    if your friend does not tell VCS the divers name , then they have a huge hurdle to jump

    if you appeal you are likely to say "I did" etc , hence keep stum


    return if you get court papers , only fools that admit to driving are being taken to court


    expect LOTS of threatening letters
    Good advice, exactly what I was after. Thank you, will pass the information on.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    s88 wrote: »
    Oops, my bad. I wasn't aware I revealed who the driver was.

    I don't believe you have.
    I was just pointing out that you didn't note that as one of the points you had gathered from the NEWBIES thread. ;)
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