Total Parking Solutions

rx17

Bit stuck now, any help appreciated -

Left the car at a retail car park and bought items in store, walked across to another supermarket and realised the next day there was a parking notice on the windscreen. I was ‘observed leaving the car park while the vehicle remained on site’

Argued with the shop manager whom would not do anything as I did not have receipts to prove I was in store, I also mentioned this to TPS. 

 I mistakenly already tried to appeal this to TPS, i remember that I had actually said ‘I left the car’ which I regret, however I am not sure if I can argue that by saying this I was merely the passenger and not the driver. Thoughts?

This took place in SCOTLAND - TPS are registered in England, criminals trying to make me pay £40 before it rises to £70.

A friend of mine is in her last year of her law degree, she is telling me to cease contact with them as they cannot enforce this. Although, they obviously threaten debt recovery action...

MothballsWallet

Have you read through the NEWBIES thread?
Because the parking event happened in Scotland, they may have a problem trying to move any claim to the English courts - but wait for a more frequent regular to comment as they'll know far more than me: launching a claim across jurisdictions is possible, but it's complex.

beamerguy

rx17 said:

Bit stuck now, any help appreciated -

 I mistakenly already tried to appeal this to TPS, i remember that I had actually said ‘I left the car’ which I regret, however I am not sure if I can argue that by saying this I was merely the passenger and not the driver. Thoughts?

This took place in SCOTLAND - TPS are registered in England, criminals trying to make me pay £40 before it rises to £70.

A friend of mine is in her last year of her law degree, she is telling me to cease contact with them as they cannot enforce this. Although, they obviously threaten debt recovery action...

Are you resident in Scotland ?

Your law friend needs to study this a lot more, they can enforce and they do

Redx

Taking a law degree does not make anyone an expert on MCOL or the simple procedures for Scotland system

Nor does it make them an expert on enforcement once a judgment has been successful either

Tell them to Google 2 names , Barry Beavis and Carly Mackie

rx17

beamerguy said:

rx17 said:

Bit stuck now, any help appreciated -

 I mistakenly already tried to appeal this to TPS, i remember that I had actually said ‘I left the car’ which I regret, however I am not sure if I can argue that by saying this I was merely the passenger and not the driver. Thoughts?

This took place in SCOTLAND - TPS are registered in England, criminals trying to make me pay £40 before it rises to £70.

A friend of mine is in her last year of her law degree, she is telling me to cease contact with them as they cannot enforce this. Although, they obviously threaten debt recovery action...

Are you resident in Scotland ?

Your law friend needs to study this a lot more, they can enforce and they do

I am a resident in Scotland, yes.

D_P_Dance

A leaving site claim for BOC is very difficult for a scammer to win in court, there are issues with human  rights and unfair terms in consumer contracts under the Consumer Rights Act 2015.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

  

rx17

Redx said:

Taking a law degree does not make anyone an expert on MCOL or the simple procedures for Scotland system

Nor does it make them an expert on enforcement once a judgment has been successful either

Tell them to Google 2 names , Barry Beavis and Carly Mackie

So I’ve seen you post on other threads like this, I have said in an appeal ‘I left the car’, although I have not specifically said ‘I was the driver’, can I argue I was the passenger as I did not specifically say I was driving? As Scots law I don’t need to disclose who was driving, I am the registered keeper and was the passenger, not the driver.

Redx

Yes , but if a judge or sheriff asks you and you plead the 5th , don't be surprised if they decide you were probably the driver , like Brexit they only have to be more sure than not , say 51% sure , so not answering the question could be deemed as an admission that you were driving

Same as a no comment interview in criminal cases

So using your right to no comment may not assist you

However

If you clearly state under oath that you were not the driver and you decline to name the driver because you are not compelled to , then yes that is ok

POFA does not apply in Scotland , so a keeper who was not driving has no liability in law , unlike England and Wales

rx17

Redx said:

Yes , but if a judge or sheriff asks you and you plead the 5th , don't be surprised if they decide you were probably the driver , like Brexit they only have to be more sure than not , say 51% sure , so not answering the question could be deemed as an admission that you were driving

Same as a no comment interview in criminal cases

So using your right to no comment may not assist you

However

If you clearly state under oath that you were not the driver and you decline to name the driver because you are not compelled to , then yes that is ok

POFA does not apply in Scotland , so a keeper who was not driving has no liability in law , unlike England and Wales

Any thoughts on what to do going forward?

KeithP

You opening post tells us you appealed to TPS.

Has anything happened since then? If not, wait patiently for your appeal rejection letter.

rx17

KeithP said:

You opening post tells us you appealed to TPS.

Has anything happened since then? If not, wait patiently for your appeal rejection letter.

I got the rejection email today, sorry I didn’t make it clear.