UK Parking Control Ltd - Retail Park, Scotland

Sambaben

I genuinely appreciate the advice, your comments make perfect sense in terms UKPC having a cut-off. I assume they keep sending these letters on the basis people will simply cave in... I'm sure many do. I noticed in one of your earlier posts; "no one other than the driver has liability (at the moment) north of the border." From the bracketed comment (at the moment), does this mean a law change in Scotland is in the offing which will potentially aid these parking companies?

Umkomaas

From the bracketed comment (at the moment), does this mean a law change in Scotland is in the offing which will potentially aid these parking companies?

It's already happened and has received Royal Assent, but the legislation has not yet been drafted. It won't be retrospective. Sleep easy!

D_P_Dance

 but is there not a chance (however small) that they would issue court proceedings against me on the basis I was, 'on the balance of probabilities'

They would be daft to do so.  Have you googled Elliot v Loake? 

Sambaben

Umkomaas said:

From the bracketed comment (at the moment), does this mean a law change in Scotland is in the offing which will potentially aid these parking companies?

It's already happened and has received Royal Assent, but the legislation has not yet been drafted. It won't be retrospective. Sleep easy!

Well, you did predict in one of your previous posts (16th March 2020) that I might have to endure a few more letters from UKPC et al;
I'm afraid you're going to have to ride this out - probably a few 'threatening' letters from UKPC and their (utterly powerless) debt collectors, all of which can be ignored! 
So here we are in 2021 and I'm now getting letters from a new debt collector and a firm of solicitors based in England who claimed in a recent correspondence... "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 in Scotland. This may mean they will look to obtain a decree against you."
With regard to your post (see above) regarding a law change in Scotland receiving Royal Assent can you confirm specifically which date this applies from? Is it anything to do with the Transport (Scotland) Act 2019??

Umkomaas

So here we are in 2021 and I'm now getting letters from a new debt collector and a firm of solicitors based in England who claimed in a recent correspondence... 

CST Law in cahoots with Debt Recovery Plus by chance?  They've bombed hundreds of these out to help people celebrate the New Year with an additional hangover headache. There is a stand-alone CST Law thread residing currently on the first couple of pages of the forum. If yours is from CST Law - have a read of that thread. 

With regard to your post (see above) regarding a law change in Scotland receiving Royal Assent can you confirm specifically which date this applies from? Is it anything to do with the Transport (Scotland) Act 2019

Yep, Transport (Scotland) Act 2019, the out-workings of which have not yet been put into play. The Protection of Freedoms Act 2012 (Schedule 4) will need to be amended to incorporate Scotland, the new independent appeals process will need to be defined by the new (draft) Code of Practice as a result of the Parking (Code of Practice) Act steered through Parliamentary processes in 2019 by Sir Greg Knight, and the contractor appointed. All of which will have to be resolved, IMHO (I'm not on the inside track on this), before keeper liability can be introduced north of the border. 

Coupon-mad

But this was discussed only yesterday:

https://forums.moneysavingexpert.com/discussion/6201303/smart-drp-scotland/p1

It's like Groundhog day on this forum.

Sambaben

Umkomaas said:

All of which will have to be resolved, IMHO (I'm not on the inside track on this), before keeper liability can be introduced north of the border. 

I still feel I'm in a strong position here given the fact;
1) I was NOT the driver.
2) The car was on a leasing contract and the registered keeper was the manufacturer NOT me.
UKPC must have sent a NtK to the manufacturer who then passed on my name + address as hirer of said vehicle.
Once all the outworkings of the Transport (Scotland) Act 2019 have been resolved - which could take months, if not years - I wonder if UKPC (or the bloodsucking debt collecting agency / bloodsucking lawyers) might change tack and pursue the manufacturer via keeper liability?
Another complication is that the alleged contravention took place in Scotland, but the manufacturer is based in England.

Coupon-mad

Law changes are not retrospective, unless stated to be.  In Scotland, keeper liability won't be retrospective.

And Scotland still have time to change tack and drop this section altogether (leave it dormant) if the MHCLG Framework around the amount of the parking charge and the fake added 'costs' doesn't go in favour of consumers.  It's up to Ministers to get this right first time and realise that if they reduce the money in it, they'll hack the court claim numbers down and drive away the bullyboy robo-claim solicitors and unregulated 'debt recovery' impersonators, in one fell swoop.  

If the Government takes a brave pro-consumer and 'high-street retailer recovery' direction and pares private parking charges back to a level similar to Local Authorities, with no added fake costs allowed, the likes of ZZPS, BW Legal and DCBLegal et al (hello all!) will disappear into the same hole. 

It would be great to see ZZPS crawling back under the same stone, where Gary Osner's previous OFT banned firm, Roxburghe had to go.  High time this part of the scam ends - now.

After all this is what Scottish MPs want, same as English MPs.  It's the entire point of the legislation to reduce parking charges and reduce bullying debt letters and court claims.  All this, in one go, can be done by getting the parking charge level right and not allowing the charge to increase.  The only added costs should be court fees, if the Single Appeals Service is not taken up when (hopefully) re-offered at LBC stage. 

Credible and effective deterrents are not all about the money, despite what the APAs will have Governments believe.