PCN issued in England, car registered in Scotland, but...

Umkomaas

88RoaringHorses said:

Thanks, it's Horizon.

Not especially litigious, just 32 court claims last year. From new threads posted here, that total might be a bit higher this year. 

They might recognise that the Scotland element could complicate matters a little and decide it's not worth the effort to issue a court claim and just leave it to powerless debt collectors to harass you. However, if they hand it over to a robo-claim solicitors (BWL Legal, Gladstones, or their ilk) they won't concern themselves about nuance, they'll just load the gun and see if it brings you down. 

Too many 'what ifs' to give categoric advice - other than to keep a weather-eye open for any court claim, and, should you move address in the next six years, you must inform Horizon of it to avoid the possibility of missing a court claim which could result in a credit-trashing default CCJ. 

88RoaringHorses

Thanks Umkomaas, I wasn't worried about the debt collection threats, it just threw me a little that they contacted me on an address other than that which my car is registered to. I guess I just need to wait and see if the PPC contacts me on this address now...

pogofish

88RoaringHorses said:

I'm fully aware of the detailed, comprehensive advice on debt collectors and how they can be ignored, my question is will the PPC be able to do anything given that my car was registered in Scotland when the charge was issued?

Clearly not - the advice on debt collectors is the same for both sides of the border.

Coupon-mad

88RoaringHorses said:

Thanks Umkomaas, I wasn't worried about the debt collection threats, it just threw me a little that they contacted me on an address other than that which my car is registered to. I guess I just need to wait and see if the PPC contacts me on this address now...

Horizon tend not to use the POFA in their NTK. Did you keep the first letter, the NTK?

How about complaining now to the retail park and saying how distressed you are (giving your Scottish address only, and an email address, in case they share your complaint with Horizon) and ask the retail park to cancel it.  If you can, prove expenditure at that site (bank statements) but don't say who was driving because I don't think Horizon can hold you liable due to probably not using the POFA.

AND - please now make a real difference - A TASK FOR SEPTEMBER - this affects the future of how private parking charges will be governed in England, Scotland and Wales.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

88RoaringHorses

Thanks Coupon-Mad, I'll definitely be contacting the landowner.
Yes I kept all the correspondence and this was the initial letter they sent me.

Onthewall

Doesn't comply with POFA as it doesn't invite you to hand the PCN to the driver..

Fruitcake

88RoaringHorses said:

Thanks Coupon-Mad, I'll definitely be contacting the landowner.
Yes I kept all the correspondence and this was the initial letter they sent me.

On the face of it, it appears to be non-PoFA compliant, but without seeing the rest of it including the dates it is difficult to tell.

Coupon-mad

It's not just about not inviting you to hand the PCN to the driver!  That is a more minor point.  

9(2)f isn't there but you can see that for yourself (check the back, don't show us, we want you to spot the difference, not us).

Onthewall

Coupon-mad said:

It's not just about not inviting you to hand the PCN to the driver!  That is a more minor point.  

9(2)f isn't there but you can see that for yourself (check the back, don't show us, we want you to spot the difference, not us).

It’s actually not, a NTK has to state that to fully comply with POFA. It can have all the other information such as dates etc, but if it doesn’t state that wording it’s not compliant. Check it out if you don’t believe me...I admit it’s a minor point, buts a very winnable minor point..

Coupon-mad

You know I don't need to check it out - you know I've been doing this since before the POFA was thought if. 

Possibly so have you...

But it's easier to point people to 9(2)f, the warning about keeper liability.    Much more obvious an omission for a lay person to spot.