Daughter received four PCN’s

marleybhoy

Yeah if fines were issued here in Scotland there’s no way they would be getting paid as they are not enforceable here, but keep getting told that England has different rules and they will not let this go

Umkomaas

If your daughter is now living for the foreseeable future in Scotland, and the PPC doesn't know who the driver was, it becomes difficult for a (Sheriff) court case to be instigated **.  But, with four tickets (possibly 'worth' up to £1k to the PPC), she shouldn't become too complacent about this. She can't be pursued through the England/Wales court because of her current domicile. 

Has she written to the NCP Data Protection Officer with a 'data rectification notice' to get them to change to her current address and telling them to notify all their agents handling her data?

She can't stop this in its tracks, other than with a cheque, so she should wait to see what happens. No replies to debt collectors, come back if you get anything from solicitors (especially any based in Scotland). 

** This will change later in the year in Scotland, when registered keeper liability will apply, although not retrospectively. 

If your daughter is someone who routinely parks with blatant disregard for the parking rules, she needs to carefully consider her future actions, because it's going to be costly for her, even in Scotland. Tell her to Google 'Carly Mackie'!

Umkomaas

marleybhoy said:

Yeah if fines were issued here in Scotland there’s no way they would be getting paid as they are not enforceable here, but keep getting told that England has different rules and they will not let this go

Woaaah, that is so wrong.  You're looking to take on pain in future if you think that's the case. It never has been the case, but there are big changes afoot that will likely make them even more enforceable, and the Scottish nation is going to be shocked by the change.

marleybhoy

yeah passed all this info onto daughter 
thankyou 

D_P_Dance

If she lives in Scotland it becomes less scary, but it can still be something your daughter needs to inform herself about.  

Coupon-mad

marleybhoy said:

yeah passed all this info onto daughter 

As you are in Scotland it's less likely a claim will happen because only certain solicitors file them (e.g. Gordon & Noble I think).

You can ignore tedious Trace, who pretend/claim to have a 'Legal Dept' and Litigation Manager yet (by all accounts) they don't have any overseeing solicitors.  They certainly aren't anywhere near attempting a Scottish claim under the Simple Procedure!

But you need to make sure all the drivers in your family know that the law is about to change to enable PPCs to use 'keeper liability' powers (if they use compliant documents) this year in Scotland, as a final part of the Transport Act.  New PCNs only of course but be aware and park carefully, avoiding private car parks wherever possible.

Was this a train station?  The keeper can't be held liable anyway if so.

Are they writing to the correct address in Scotland?

Did they trace her there recently for the latest demands and does NCP also hold an English address for her?  If so, she needs to respond to NCP's DPO by email urgently, telling them and Trace to erase the wrong address.

That's the only immediate(ish) danger I see, because a claim could be filed at one of 2 addresses if they hold two...and if she fails to say which one is right.then obviously they'll choose the English address to file a claim and that's how people get CCJs.

Remove that opportunity from them and she's less likely to see this turn into anything.

marleybhoy

Hi they had the Scottish address for all he four PCN’s, it’s just getting a worrying now as the amount is £680 and the letters received a couple days ago from trace debt recovery said they were referring her debt to their solicitors 
It wasn’t at train station it was a car park at shopping centre in Portsmouth and they have pics of her registration 

Coupon-mad

It isn't worrying.  Of course they have photos of the registration, as per every case.

Didn't you find all the other threads laughing about Trace letters?  You are in Scotland.  Stop taking Trace seriously.

I've told you it probably turn into anything unless a Simple Procedure solicitor gets involved and Trace are not solicitors.  Please re-read what I've said already and don't go asking the CAB (clueless, sadly). 

This is nothing at this stage and is unlikely to turn to anything.  Ignore but keep all letters.

marleybhoy

Hi really don’t know what to do as getting mixed messages of advice here
one saying cause it’s four fines they will start court proceedings soon, one saying daughter is being foolish and now don’t pay as daughter lives in Scotland but charges happened in England 

Umkomaas

one saying cause it’s four fines they will start court proceedings soon,

Yes I said something like that, but not exactly that. Here's a reminder of exactly what I said:

Yes they can, and with 4 tickets in the mix, she can expect a court claim sooner rather than later.

But .... that was before you told us of the Scotland element, so throwing that 'accusation' out now is well below the belt, and uncalled for. 

I'll certainly be more circumspect in deciding what advice I provide in further here if I'm likely to be misquoted.