Obtaining a 'decree' against the keeper of the vehicle - Scotland

GingerB57

As keeper of a vehicle I am currently in the ignoring phase of this whole process. The car has overstayed the maximum of 2.5hours in a free car park (possibly by half an hour). I should have challenged the initial letter but didn't. Over 1.5 years after the date I received letters from ZZPS which I ignored and have recently received a letter from QDR solicitors (all acting on behalf of Civil Enforcement Ltd). I appreciate the advice is still to ignore but i wondered if anyone had come across the following:

"Failure to make payment in full or contact us to discuss repayment of this debt may result in us recommending to our client that we pass this matter over to our Litigation partner Yuill and Kyle Solicitors. This may mean they will look to obtain a Decree against you"

They then list negative consequences and then mention a recent court case. The site won't let me post a link but if you Google "Ninewells nurses car park" it's the first result that comes up.

Firstly, is a decree the same as some form of court hearing? Looking at the case about it would appear that this case was based upon multiple instances of failing to pay car parking charges and hence would be more likely to result in a court case than one instance of the car overstaying.

I have continued to ignore as advised in all the comprehensive advice posted here but would appreciate any comments on specifics of Scottish Law or indeed any comments on the litigation firm mentioned. Trying not to let it stress me but every letter does raise the heartbeat somewhat....

Redx

GingerB57 wrote: »

As keeper of a vehicle



I should have challenged the initial letter but didn't.

no you should not, IGNORE was correct as there is no POFA2012 in Scotland and so no keeper liability and so nothing for a keeper to do


any court cases in Scotland are where people have blabbed about being the driver, including the headline one which eventually meant that the defendant declared bankruptcy I believe


there have been NO CHANGES yet in Scotland (so we shall have to see what the bill by Sir Greg Knight brings for the future, but I do not believe it will be retrospective)


newbies faq info below ,please read it

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.

beamerguy

#GingerB57

Firstly RedX is correct to ignore

The case you refer to is here
https://www.eveningtelegraph.co.uk/fp/ninewells-nurses-ordered-pay-4000-parking-fines/

That was with Indigo whose sole aim in life is to attack nurses
and medical staff and any other person who they think
they can mug

I often wonder if Nicola Sturgeon is right in the head with
all her bluster about NHS scotland and ignores the basics ?
I wonder how she would feel if right in the middle of an
operation, the staff said "got to go" our cars will get a ticket

Same applies to Sheriff Drummond

However it seems that the "driver" was named thereby
giving Indigo a way in.

CEL on the other hand are well within the scammers band

Read about the antics CEL get up to and more often than
not they scupper themselves.
Bear in mind that what you read is in England so as far
as scotland is concerned, the hurdle they have to jump
through is "who is the driver" ???
http://parking-prankster.blogspot.com/search?q=cel

ZZPS are just junkie debt collectors who everyone laughs
at because they are timewasters with no power.

QDR is an off shoot of the infamous Wright Hassall solicitors
who have ruined their reputation by going to bed with
parking scammers

All these are english companies and no doubt scared of
Scotland hence the arrival of Yuill and Kyle Solicitors. who
are Glasgow based with offices in Edinburgh and Dundee

Yuill and Kyle Solicitors. seem to be new arrivals in the great
parking scam
They are debt collectors and their sole aim is to scare you

They can say whatever they like to intimidate you but
they forget to tell you that only a sheriff can action
what they threaten

Therefore, on what basis could they take you to court
if they do not know who the driver is/was.

Think logically on this and do pass on this information
to anyone else who could be harassed by this lot

And, if you find the letter intimidating, report them to
Trading Standards Scotland ..... no skin off your nose

Umkomaas

"Failure to make payment in full or contact us to discuss repayment of this debt may result in us recommending to our client that we pass this matter over to our Litigation partner Yuill and Kyle Solicitors. This may mean they will look to obtain a Decree against you"

Important words highlighted!

would appreciate any comments on specifics of Scottish Law

This is not a legal forum. You could try Legal Beagles, or grab, if available, a free 15 minute consultation with a Scottish lawyer who will be legally qualified to advise you.

any comments on the litigation firm mentioned.

They are the same as QDR - Debt collectors operating under the banner of a law firm.

https://www.debtscotland.com

Their website URL gives it away, even though I Googled Yuill and Kyle Solicitors.

GingerB57

Many thanks all. Everything is much straighter in my head now. Just shows how they are out to confuse and intimidate by using jargon.

Is there any point at this stage in using the letter template that basically says I won't tell them who was driving so go away and if you keep this up it may be construed as harassment?

Fruitcake

If the keeper replied, they would open the floodgates for even more correspondence that they would have to recycle, and ignore.

Contacting them will only encourage the scammers.

beamerguy

GingerB57 wrote: »

Many thanks all. Everything is much straighter in my head now. Just shows how they are out to confuse and intimidate by using jargon.

Is there any point at this stage in using the letter template that basically says I won't tell them who was driving so go away and if you keep this up it may be construed as harassment?

NO ..... no conversation whatsoever ... as the song says
"SILENCE IS GOLDEN"

If they are silly enough to send you real court papers, then
come back here

Umkomaas

GingerB57 wrote: »

Many thanks all. Everything is much straighter in my head now. Just shows how they are out to confuse and intimidate by using jargon.

Is there any point at this stage in using the letter template that basically says I won't tell them who was driving so go away and if you keep this up it may be construed as harassment?

Keep your head down, unless you are razor sharp on all the issues, especially on all the Scotland perspectives (which this forum is not!). You will not stop them pursuing you - but only via threatening letters (aka junk mail).

KeithP

GingerB57 wrote: »

Is there any point at this stage in using the letter template that basically says I won't tell them who was driving so go away and if you keep this up it may be construed as harassment?

Have you read the guidance for Scotland in the NEWBIES thread?

It was posted in full in the first response you received on this thread.

Here is a short extract which when read in isolation must be quite clear:

IGNORE THE PARKING FIRM UNLESS YOU GET A CLAIM.

GingerB57

Consider my lips sealed......

Thanks again

The_Deep

I very much doubt that Y&S would dirty their hands dealing with a PPC.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.


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