PCN on Residential Parking

Dudely

Hi there,

I got a PCN last year when I was visiting a relative so I park outside their flat, which is a private residential area in Dundee. There was a sign saying that a permit is required but however since it was late afternoon on a weekend, the residential office was closed, so I couldn't get one. (can't get a permit online) However, when I came back to a few hours later I got a PCN for 'Failing to display a valid permit' by Indigo. Before I found this forum, I appealed to Indigo and reveal the driver, unsurprisingly appeal got rejected. When I found MSE, I spent quite a while reading this forum. I complained to the private company that owns the area, but to no use (they keep saying complain to Indigo). Now I am getting debt collector letter and I know it's advisable to just ignore it. I was just wondering what would my defence be in the case I do get a Letter of Claim and the chances of me winning in the event that this goes to court? Thanks

The_Deep

You could defend on signage, contract, timeliness, accreditation, CPRs, etc. All is explained in the stickies/FAQs, have you read them?

No one can predict your chances of winning, but FWIIW, County Court judges are increasingly aware that most of these claims are scams, and it is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

beamerguy

Dundee ...... INDIGO ????

DRP are the biggest load of crap since diarrhea was discovered
MORONS TO COMPLETELY IGNORE
https://forums.moneysavingexpert.com/discussion/comment/74439905#Comment_74439905

Is your car registered with a Scottish address ?

Get your friend to complain to the management office as this interferes with their right to have visitors.

These debt collector morons may well refer to a case in scotland where a lady lost in court and it cost £30,000 plus but don't let that worry you as the lady admitted she was the driver.
You were never the driver, you are the registered keeper

Dudely

The_Deep wrote: »

You could defend on signage, contract, timeliness, accreditation, CPRs, etc. All is explained in the stickies/FAQs, have you read them?

No one can predict your chances of winning, but FWIIW, County Court judges are increasingly aware that most of these claims are scams, and it is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Yeah I read the FAQ and newbie thread. There is quite a bit of information in there but I didn't find the part of defending. I will go check them out again, I probably miss them. I am just worry that I made a big mistake in revealing the driver in my internal appeal.

KeithP

Dudely wrote: »

Yeah I read the FAQ and newbie thread. There is quite a bit of information in there but I didn't find the part of defending. I will go check them out again, I probably miss them.

Almost everything you need to know about how defend a court case can be found in the second post on the NEWBIES FAQ sticky thread.

Dudely

beamerguy wrote: »

Dundee ...... INDIGO ????

DRP are the biggest load of crap since diarrhea was discovered
MORONS TO COMPLETELY IGNORE

Is your car registered with a Scottish address ?

Get your friend to complain to the management office as this interferes with their right to have visitors.

These debt collector morons may well refer to a case in scotland where a lady lost in court and it cost £30,000 plus but don't let that worry you as the lady admitted she was the driver.
You were never the driver, you are the registered keeper

Yes it is under a scottish address. However, in my internal appeal, I reveal the driver (big mistake I know now) which the PPC will probably use against me. But I read that the POFA doesn't apply in Scotland?

KeithP

Dudely wrote: »

Yes it is under a scottish address. However, in my internal appeal, I reveal the driver (big mistake I know now) which the PPC will probably use against me. But I read that the POFA doesn't apply in Scotland?

That's right, POFA doesn't apply in Scotland.

That's why in Scotland there is absolutely no way that a keeper can be held responsible for the actions of the driver unless the keeper admits being the driver.


Perhaps you should be considering frustration of contract.
As there was no possible way for the driver to get a permit, there is absolutely no way that a contract could be agreed.

Dudely

KeithP wrote: »

That's right, POFA doesn't apply in Scotland.

That's why in Scotland there is absolutely no way that a keeper can be held responsible for the actions of the driver unless the keeper admits being the driver.


Perhaps you should be considering frustration of contract.
As there was no possible way for the driver to get a permit, there is absolutely no way that a contract could be agreed.

Damnnnnnn I wish I had came across this forum before appealing. Thanks for you help, will look into it