Parking fines in Scotland - Edinburgh

waamo

They lawyer you spoke to was correct in that they can take you to court. What he didn't tell you was the Protection of Freedom Act doesn't make a keeper liable in Scotland. As such they are only able to take a driver to court.

This is why we recommend keeping your mouth shut. Tell them who the driver was an bingo they get a go in court.

If you keep your mouth shut then they are left trying to get a name from you.

The law is different in England and Wales where keeper liability exits and thus someone is always "on the hook" so to speak.

In your case I strongly suspect in negotiating a settlement you told them who was driving hence the safest option is to let it go.

In future if you do not tell them who was driving then they will expand great effort getting you to either pay or name the driver.

I hope that explains the situation simply enough for you.

KeithP

Fiona4444 wrote: »

...if someone is taken to court they pay the £160 charge plus court costs.

Where did you get that idea from?

Firstly one has to lose a court case before any money becomes due.

Secondly, as part of the Defence, the Defendant would challenge their claimed amount. The amount due is likely to be significantly less than that claimed.

unholyangel

Fiona4444 wrote: »

The signs were not very noticeable but they are there. I will not be parking or shopping there again. I have been told that they could take me to court by a qualified lawyer. Is anyone here replying a lawyer? Where can I get free legal advice? Is it worth going to Citizen's advice bureau.

These companies rely on people worrying about this. It affects financial applications for mortgages for example and if someone it taken to court they pay the £160 charge plus court costs. The owner of Hermiston Gait is Aberdeen Asset Management. There is not much I can do to fight a big company and I have paid the fine because the worry of me getting a court letter is worse than paying up. I am still not 100% on if they have done anything illegal. They are registered with companies house, they could take me to court. I have spoken to 4 people who have had these letters, ignored them and nothing happened so the worriers are getting penalised and scared into paying.

I will not get this money back, it is no longer about the money, it is about whether or not they are bullying people into paying up, mentioning court action but not ever actually going through with it. They need to change the wording in the letters or people need to stop parking and shopping at Hermiston Gait.

Every battle is worth fighting, this is why these companies are getting their way.

Anyone who pays the appropriate fee can take you to court for any or no reason. Whether the court is willing to listen to their claim or whether they win their claim is another matter entirely.

IMO these matters are too complex for CAB - who provide an invaluable service but unfortunately their frontline staff are not legally qualified and their offices are overworked, underfunded and understaffed - generally if they give advice it will be exactly whats on their website.

But I think you're mistaken about the mortgage effects. Being taken to court on its own won't affect a mortgage application. However if you lose, a decree will be granted against you (known as a CCJ in england) and if you fail to satisfy the decree/ccj within the time allocated by the court (usually a month) then it will be recorded on your credit history which will obviously have a negative impact on any credit applications you make (including mortgages). If you settle it before the time is up then its never recorded and you'd suffer no negative effects from it.

The purpose of this is so people aren't penalised for merely disputing a claim - unfortunately some shady operators try and make it sound like you'll instantly get a CCJ and be ruined for life, but its just a tactic to get you to give in to their demands.

Quentin wrote: »

CAB don't understand this game.

Why do you now want legal advice?

Debt collectors stock in trade is threatening letters etc

And all "creditors" have 6 years to pursue the "debtor" to court.

Whether or not they win is decided by the judge!

Not in Scotland they don't, they have 5 years from discovery up here.

fisherjim

Fiona4444 wrote: »

if they are not legitimate they should not be registered with companies house or trading.

What, like Wonga?

Fiona4444

There are many people in Scotland who just ignore these letters. I am cancelling payment with bank before Monday.

Coupon-mad

Fiona4444 wrote: »

If I have been conned I want my money back. It was a debt collection agency called DRP. It isn't too late for me to contact bank and stop the payment but I need to know if it is a con or not. If these letters are a con, they need to stop.

Why the heck would ANYONE talk to DRP and then actually PAY them, before coming here to find out too late that the entire thing is a scam?

You probably can't cancel the payment, you were mugged. No idea why people pay.

waamo

It seems clear that the op is determined not to take on board any of the advice or information given and do things their own way.

I have a nasty feeling this will end in tears

Joko

Thank you so much for writing this.
I too received a “parking invoice” and an feeling the pressure of now the 4th letter to pay, now £160. Tour explanation has given me the confidence to now light my fire with the letter and envelope!!

waamo

Joko wrote: »

Thank you so much for writing this.
I too received a “parking invoice” and an feeling the pressure of now the 4th letter to pay, now £160. Tour explanation has given me the confidence to now light my fire with the letter and envelope!!

Was this in Scotland? This is advice specific to Scotland.