PCN in Scotland

KeithP

edgarb said:

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

Read the opening post here...
https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-private-parking-charge-levels-august-2021-please-bookmark-this-thread/p1

The closing date is midday this Friday - 27th August.

edgarb said:

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

No it doesn't, but it will have an impact on every private parking charge from here onwards.
You have the chance to influence policy. Don't miss this opportunity.

edgarb

May I ask a question related to my PCN

I received this letter from the riding recoveries (attached)

Is this a Letter Before Claim as it state at the top? Should I be doing anything about this?

Any help would be appreciated

Castle

Who are they chasing, RK or Driver?

KeithP

edgarb said:

Is this a Letter Before Claim as it state at the top? 

As you say, they claim it is, but by offering just fourteen days to respond, it does not comply with the Pre-Action Protocol for Debt Claims 2017.

edgarb said:

Should I be doing anything about this?

I would be treating this as a debt collectors letter which the fourth post of the NEWBIES thread tells you how to deal with.

Castle

Hopefully everybody has spotted that "Riding Recoveries" is just a trading name of ARDPark Ltd, (i.e, it's the same company).

Coupon-mad

Should be illegal.

Old_Slobberchops

edgarb said:

May I ask a question related to my PCN

I received this letter from the riding recoveries (attached)

Is this a Letter Before Claim as it state at the top? Should I be doing anything about this?

Any help would be appreciated

No. LBC is not valid in Scotland as these can't be pursued through English County Court as the matter is out of jurisdiction so  Pre Action Protocols are also irrelevant. It needs to be pursued through Sheriff Court using Simple Procedure but, as others have pointed out, Scottish Courts actively discourage trivial claims under £300 clogging up courts by requiring payment up front to start the claim and service of document on the person but disallowing all additional costs. So this won't go anywhere near court, whatever Ardpark think as they'll be out of pocket about £100-120 plus solicitors costs to prepare documents for a £100 PCN and no prospect of getting that back in costs.

D_P_Dance

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

edgarb

Dear all, 

thanks a million for your opinions. That’s been very useful. I’ll just hold off and do nothing. 

Your suggestion is an interesting one D_P_Dance. Do you happen to have a template letter that I could send to my MP. You’re absolutely right, they use the tactics of constantly increasing the fee to rattle those who would struggle to pay. Some may choose to cut their losses and pay them. This is shameful tactics! If you have any template I can send to my MP, please let me know

thanks again

Le_Kirk

Letters to MPs are best written from the heart as they will surely suss out a template and the effect will be reduced if they see what appears to have been used by hundreds of other constituents.  It'll be "oh it's another one of those" and it will go in the bin.