PCN from Parking eye in Scotland.

oh_really

Hi folks, I appreciate this will have been asked previously, I've read some of the threads and could do with advice.
First off, the driver is guilty of parking. The offence was during the lockdown in a Holiday Inn express car park located in a large country park. All the hotel business are closed due to the lockdown situation. The driver popped in to the park on way home to let the dog have a comfort break, they're were many other cars parked there being left by their drivers, didn't give the parking a second thought due to the lockdown conditions in place.
Forward to today, parking eye have issued a PCN.

How should the driver handle this?
TIA.

Coupon-mad

There was no offence.  Just handle it as advised in the NEWBIES thread about Scotland.

That means 'PLAN A' - complain to the Hotel about this entrapment by their agent.  Why was the car park ot closed if people were not allowed to use it to exercise during lockdown?  DON'T IMPLY THE DRIVER.

DON'T APPEAL.  Ignore it if the Hotel refuse to cancel.

oh_really

Will do that.
In terms of asking why the car park was not closed, I suspect they will simply say it was open for service personnel to park their vans as there were a couple of company vans in the car park.

In your experience, is it fair to say PE are unlikely to issue court proceedings in Scotland?

Fruitcake

Parking Lie cannot start proceedings in Scotland against the keeper, because a PPC cannot (yet) hold a keeper liable in Scotland.
They can start proceedings in Scotland against the driver, if they know who it is. 
The safest way to ensure the scammers never find out the driver's identity in Scotland is never to contact them.

When the keeper complains to the landowner, it is essential that the driver's identity is never revealed. Either use the royal we, or refer only to The Driver and The Keeper, or that The Keeper was an occupant of the vehicle.

Note that Scottish MPs have sold Scottish motorists down the sewer by including keeper liability in the new Transport (Scotland) Bill, but the mandatory legislation to allow that to happen has not yet been written. When it is, Scottish motorists and Scottish courts won't know what hit them. 

Coupon-mad

In your experience, is it fair to say PE are unlikely to issue court proceedings in Scotland?

Yes it is fair to say that, at this point in time.  They have in-house solicitors who are not familiar with Scottish law.

Le_Kirk

oh_really said:

Will do that.
In terms of asking why the car park was not closed, I suspect they will simply say it was open for service personnel to park their vans as there were a couple of company vans in the car park.

In your experience, is it fair to say PE are unlikely to issue court proceedings in Scotland?

Not that you need to get into a discussion with them but, if you feel so minded, you could ask them "have you not heard of gates or barriers and keys?"

D_P_Dance

It may not be relevant, but read this,

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

oh_really

Right, received letter from DCBL titled notice of debt recovery siting,  https://www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf and giving 14 days to pay with no appeal.

What now?

Edit: too quick posting, noticed last sentence of the threat reads "This case is not subject to high court or bailiff action". 

nosferatu1001

Why would you appeal a debt collector? WHo cares? WHy even post about them?

beamerguy

oh_really said:

Right, received letter from DCBL titled notice of debt recovery siting,  https://www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf and giving 14 days to pay with no appeal.

What now?

Edit: too quick posting, noticed last sentence of the threat reads "This case is not subject to high court or bailiff action". 

Just a debt crawler to ignore. Bet they added £60/£70 as is the way of a scammer.  

If you get a 30 day letter before claim, come back here. Otherwise 14 day letters is all part of the scam

Fruitcake

beamerguy said:

oh_really said:

Right, received letter from DCBL titled notice of debt recovery siting,  https://www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf and giving 14 days to pay with no appeal.

What now?

Edit: too quick posting, noticed last sentence of the threat reads "This case is not subject to high court or bailiff action". 

Just a debt crawler to ignore. Bet they added £60/£70 as is the way of a scammer.  

If you get a 30 day letter before claim, come back here. Otherwise 14 day letters is all part of the scam

Those dates may not be applicable where the Scottish Act of Sederunt (Simple Procedure) is concerned.

oh_really, you should go back and edit your initial post where the driver's identity has been revealed. Only ever refer to The Driver and The Keeper. Parking scammers read this forum.