PCN in Scotland

edgarb

Dear forum  members,

Apologies for starting a new post but I'm slightly confused with what I have been reading. I read the Newbie section. However the more i read the leas convinced I am that I'm doing the right thing. I'm slightly confused as to the implication of being in Scotland are.

Her is my situation: my wife uses Your Parking Space to book a parking in Edinburgh (attached to a particular hotel). She's been doing this for months. She pays £10 irrespective of whether she stays for 9 hours or 8 hours. One fine day in July, she booked for 8hours instead of 9.5h as she was meant to finish early. Unfortunately she got caught up and left the parking 36min late. We went away for 3 weeks and came back to find a PCN / NTK from ARDPARK in my name as the registered driver stating that the "payment does not cover total duration of stay". When we found this letter, it was already beyond the 14days stipulated.

Unfortunately, I only found this forum after I completed an appeal to ARDPARK and stupidly informed them that my wife was driving, and tried to explain the situation i.e that she missed the parking time limit due to unforeseen circumstances.. ARDPARK refused the appeal as expected. I also contacted Your Parking Space who again said that they cannot do anything about it. I read in the newbies thread that there is no point in appealing to the IAS so have not done that.

Should I cut my losses and pay them or is there still an argument to make even if this goes to court in Scotland, considering that they have the name of the driver, and to a certain extent an appeal that confirms that she overstayed her payed parking even though she paid the maximum she could on the day.

Apologies if this is a repetition of some other threads but I wasn't convinced that I had all the information to make a decision. Any help or guidance would be greatly appreciated 

patient_dream

I trust you have not said who was driving as that is clue for Scotland.

I'm slightly confused as to the implication of being in Scotland are.

Please read the newbies thread where it is all explained.

ARDPARK will never tell you this and as long as the driver is never named, there is little they can do although you may still receive scam type letters thinking you are a mug
Anything less than £300 in scotland is not financially worth it for them.

You are right to ignore the IPC, they are a time limited set up which the new appeals service will scupper

edgarb

Thanks for your reply PD

That was exactly my point: We did tell them who the driver was as I had not read the Newbies thread before we completed the appeal in my wife’s name. Is it still worth fighting if they have the name of the driver?

regarding the implication for Scotland: the reason for that statement is that I read in another thread that there’s been some new legislation in Scotland which makes the Newbies thread out of date for Scotland. Maybe I misread the post.

Umkomaas

I wouldn't worry about it. Just ignore everything you receive from ARDPARK and any of their debt collectors. Keep the paperwork, but don't respond to it. 

To chase a £100 charge through the Scottish court system would need the driver absolutely identified - and only you can do that as the registered keeper (there's no such category as a 'registered driver'), what your wife wrote is irrelevant - and it would cost them £300 (which they can't claim back) to recover a £100 PCN. 

The new legislation won't become effective until the Parking (Code of Practice) Act 2019 is fully operational in England and Wales, which won't be until at least next year, and won't be applied retrospectively. 

Sleep easy!

patient_dream

As Umkomaas correctly says.

What are ARDPARK going to do in Scotland ?  Waste their tme and money .... tell foolish debt collectors to contact you with rubbish, all part of the scam

Best to file this under "NUMPTIES" and get on with your life

D_P_Dance

To chase a £100 charge through the Scottish court system would need the driver absolutely identified - and only you can do that as the registered keeper

I disagree.  Unless you were in the car you cannot know for certain who was driving. 

Umkomaas

D_P_Dance said:

To chase a £100 charge through the Scottish court system would need the driver absolutely identified - and only you can do that as the registered keeper

I disagree.  Unless you were in the car you cannot know for certain who was driving. 

Only the registered keeper can officially provide a PPC with that information in order to transfer liability to the driver under PoFA. 

D_P_Dance

Indeed, but if the RK was not present how can he/she know who was driving.  The spouse might be having an affair  and the "other person" could be driving.  

Umkomaas

D_P_Dance said:

Indeed, but if the RK was not present how can he/she know who was driving.  The spouse might be having an affair  and the "other person" could be driving.  

😄 You ought to get into writing fantasy novels @D_P_Dance! 😄

Coupon-mad

edgarb said:

regarding the implication for Scotland: the reason for that statement is that I read in another thread that there’s been some new legislation in Scotland which makes the Newbies thread out of date for Scotland. Maybe I misread the post.

I really hope you have done the Government Consultation and objected absolutely to ANY debt recovery fake 'costs' being added on top of a parking charge (of course) and told them what you think.

Spread the word, it closes within days, next week!  

AND YES IT WILL AFFECT SCOTLAND.

edgarb

Hey C-mad, where can I find this consultation?

Does this have any impact on the advice given above, ie to ignore it?