Parking fine from England but live in Scotland

Sleepy_squirrel

Hi, I received a letter from DCBL for a parking fine that I got over 5 years ago from a car park in England when I still lived there. I've since moved to Scotland (3 years ago). My question is can this still be enforced after 5 years if I live in Scotland. I never once contacted the car park company and they only ever sent me one letter. I honestly thought that they were no longer chasing me for this.

Zbubuman

You need to write to them ( email ) to update your address for service. Last thing you want is for them to issue proceedings on your old address and end up with a CCJ.  In Scotland it's unlikely that they will continue to pursue as not cost effective. 

Sleepy_squirrel

The address that DCBL wrote to is my current address in Scotland.

KeithP

Sleepy_squirrel said:

The address that DCBL wrote to is my current address in Scotland.

Yes of course they did, but if you were now to ignore that letter they would be able to say "we searched and found a later address but received no response. We therefore reasonably reverted to the original address we had".
They would then raise a Claim in England against you old address, it would go undefended and a Default Judgment filed against you. Miraculously, the Claimant would then write to you again at your Scotland address with more threats and demands.

As said earlier, you must reply to DCBL giving them your current address for service.
You haven't said which parking company, but you must inform them too of your current address.

Sleepy_squirrel

Thank you for the advice guys. I was kinda hoping I could just ignore the letter and throw it away but guess I'd better contact them.

I'm not sure who the parking company were. It was so long ago and DCBL doesn't mention them in their letter.

LDast

The statute of limitations for a debt claim is 6 years. In Scotland it is 5 years. However, as the PCN was issued in England, it is the English state that applies. However, if the PPC wanted to try and sue you for the alleged debt, as you are resident of Scotland, they would have to do so through the Scottish courts.

In Scotland there is no keeper liability. Only the keeper is known. The driver is unknown unless the keeper blabs it, inadvertently or otherwise. Unlike in England, where the liability can be transferred from the unknown driver to the known keeper provided all the requirements of PoFA have been fulfilled, this is not the case in Scotland, for now.

So, if the PPC wanted to sue you for the alleged debt, they would have to prove you were the driver. Unless you tell them, they have no proof and there is no legal obligation to tell an unregulated private parking company who the driver was. Also, they would be utterly stupid if they tried to sue the driver, if they knew who it was, because they cannot recover any costs in Scotland for a claim for under £300. It simply isn't worth it for them.

So, all you have to do is email the DPOs of the PPC and the DRA and order them to rectify your data with your current address and for them to erase your old one. After that, you can ignore them.

Coupon-mad

Yep - you must do as above.

The only way you are past the limitation (5 years) is if you force them to erase the old address. Insist that they cease and desist because your permanent domicile is in Scotland and the unknown PCN is over 5 years old so the potential claim is out of time as well as out of jurisdiction.

Sleepy_squirrel

Thanks. The original PCN is with Britannia. Do I contact them first to up date my address and to try and get it cancelled or should I still contact DCBL? I was worried if I contacted them I'd be admitting I owe the debt. Sorry for all the questions. I've never had to deal with anything like this before

Coupon-mad

It doesn't need cancelling if it's over 5 years ago and you have nothing to worry about by contacting BOTH and telling them what I said. YOU MUST DO THAT.

Sleepy_squirrel

Coupon-mad said:

It doesn't need cancelling if it's over 5 years ago and you have nothing to worry about by contacting BOTH and telling them what I said. YOU MUST DO THAT.

Thank you. Have emailed both DCBL and Britannia Parking Group this morning asking them to rectify their data and to cease and desist. Just waiting to hear back from them now

Umkomaas

Sleepy_squirrel said:

Coupon-mad said:

It doesn't need cancelling if it's over 5 years ago and you have nothing to worry about by contacting BOTH and telling them what I said. YOU MUST DO THAT.

Thank you. Have emailed both DCBL and Britannia Parking Group this morning asking them to rectify their data and to cease and desist. Just waiting to hear back from them now

You might hear nothing. They're quite happy to let you sweat (or perspire if you're a lady!).  But, you have the law (and this forum) on your side. Come back if there's any further shenanigans!