Multiple Private Charges (Scotland)

CharlieGo

Hi, I’ve read the newbie stuff and not sure anything quite fits my situation:

I have been away from my home for most of the last 6 months and have returned to find multiple parking charge notices (from same place) and a subsequent debt recovery letter for nearly 700 quid.

I wasn’t driving the car on any of the four dates in question. I also think the person who was driving the car might have had good grounds for appeal had they known about the charges at the time.

At this stage, a few months after the charges were issued and appeal deadlines expired, should I ignore or engage in some way?

Fruitcake

The driver should sit on their hands in the corner and say and do nothing.

A registered keeper living in Scotland cannot be held liable for charges from an unregulated private parking company as explained in the NEWBIES.

Plan A is always a complaint from the keeper to their MSP and the landowner.

Plan B is to ignore everything unless the keeper receives a Simple Procedure/Act of Sederunt claim from the Scottish Court system. Even then, they cannot be held liable as long as they were not the driver.

Do not reveal the driver's identity.

Note that this will all change when the new Scottish Transport Bill is introduced later this year or early next year. You can thank your former Dear Scottish Leader for that. Despite her claims about wanting independence, she has imported  the law of England and Wales across the border that will allow someone who was not in the vehicle at the time of a parking event to be held liable.

CharlieGo

Thanks!

I guess my confusion is whether I jump straight to plan B, given the time that has elapsed, or whether there’s any mileage in plan A at this point?

Fruitcake

As I said, Plan A is always the first option. Nothing will ever change unless the motoring public report these unregulated companies to the people who employ them and the people who make the laws.

Umkomaas

Which parking firm and which debt collectors are chasing you?

CharlieGo

Umkomaas said:

Which parking firm and which debt collectors are chasing you?

Parkying Eye
dcbl 

Think I’ll stick with plan b as the landowner is hard to establish and probably disinterested. Looks like a private equity firm have bought over the shopping centre which is pretty run down to the point their website hasn’t been updated in a long time and might not even be controlled by the current owners (this is really the source of the problem, as to the day it says free parking on the specific day of the week in question and that’s why the driver was under the impression it was free).

Fruitcake

By not complaining to the landowner and your MP you are not helping us nor yourself.

Please reconsider.

I hope you will also keep coming back to this forum so you can have your say when the government consultation is released in the very near future. We need everyone to tell the government that parking charges need to be capped and the fake add-on debt collection/admin charges are unacceptable.
It is the only way anything will ever change.

Umkomaas

CharlieGo said:

Umkomaas said:

Which parking firm and which debt collectors are chasing you?

Parkying Eye
dcbl 

Think I’ll stick with plan b as the landowner is hard to establish and probably disinterested. Looks like a private equity firm have bought over the shopping centre which is pretty run down to the point their website hasn’t been updated in a long time and might not even be controlled by the current owners (this is really the source of the problem, as to the day it says free parking on the specific day of the week in question and that’s why the driver was under the impression it was free).

PE often pass their cases to DCB Limited when they realise they are not going to win because there is some issue (no keeper liability in Scotland) hampering them and not worth trying to enforce themselves. As it's on a no-win, no-fee basis it's worth letting DCB Limited have a go, hoping to pick up some 'crumbs' from a frightened motorist in the process.

Coupon-mad

There isn't a PLAN B in Scotland.  There is no appeal and nothing to worry about.

You just ignore it all. Laugh at the letters or send the 'Specsavers / I stay in Scotland / get lost' response I posted about yet again in a Scottish case this afternoon.