Private parking fine 4 years ago

nettynoo1964

I recieved a parking fine from a hotel in  Scotland sept 2020 saying I had parked without paying I was in the carpark 12mins trying to find a spot along with many other cars the carpark was so busy we couldn’t get out so I had no idea I had done anything wrong . I defended it because I wasn’t at any time parked it was just after Covid things where so different  then and it was an extremely busy hotel . I asked the hotel to send me footage of my parking and the rules they never did I never got a reply from the company at the time until the debt collector letters  toward the Back end of 2020 early 2021. Then I heard nothing until this year 4 different debt collectors now potential court which I want because I was never parked have witnesses 3 on total. I  couldn’t get out of the carpark that why time elapsed Now it’s starting to affect me thinking what will happen will I get notified to court dates will I get a ccj without being told . This happened in Scotland I live in England are the laws different. What should I do .

Coupon-mad

Which PPC and which solicitor?

There's no potential court claim because the alleged contract occurred in Scotland.

If you have been sent a Letter before Claim (who by?) then reply pointing out the alleged contract occurred in Scotland, so their client can't bring a claim in the English County Courts. If they try, you will either Counterclaim for UKGDPR /DPA 2018 data misuse, or will make an application to strike it out and their client will be liable for your costs.

Gr1pr

Yes the laws are different 

Which parking company issued the invoice. ?

Make sure that the parking company have your current address for the service of papers, if you have moved since the incident happened, by sending a data rectification notice to the DPO at the parking company, telling them to ERASE your old address and they MUST only use your current address, those words are very important, add redacted proof of the current address ( you would also make sure that the V5C is up to date too. )

No need to contact them if you haven't moved address 

You can ignore the debt collectors letters, debt collectors are powerless, see post 4 in the newbies sticky thread in announcements, top of the forum 

If you have a Letter of Claim, then read the LoC response advice in the second post in the newbies sticky thread in announcements 

LDast

Has the driver been identified? Identifying as the driver does make the individual directly liable for the alleged breach, but it does not eliminate the jurisdictional issues.

While an unregulated private parking company (PPC) might attempt to pursue the driver in an English county court, it is very likely that the court would consider Scotland as the appropriate jurisdiction for the claim. The PPC would face significant challenges in pursuing the case in England, and it is unlikely to succeed.

The PPC would need to pursue the claim in Scotland, where the breach occurred to have any chance of success. Pursuing a legal claim, particularly across jurisdictions, involves significant costs, including court fees, legal representation, and administrative expenses. For a relatively small amount, under £300, the costs of pursuing the claim outweigh the potential recovery.

If the case were to be tried in Scotland, the PPC would need to navigate the Scottish legal system. This includes filing the case in a Scottish court and possibly having to appear in person or through a Scottish legal representative. These steps add complexity and cost, making it even less appealing to pursue a small alleged debt where there is no possibility of being awarded costs.

Even if the PPC were successful in obtaining a judgment in Scotland, enforcing that judgment in England would require additional legal steps, increasing the overall cost and complexity of the process. PPCs rely on the threat of litigation to pressure individuals into paying, rather than actually taking cases to court, especially for small amounts.

They may be intellectually malnourished but they aren't stupid when it comes to money (theirs).

nettynoo1964

Thank you for the above comments . The letters I have recieved are from GCTT DCBL ZZPS then another from GCTT sending it to QDR solicitors . Said I had 7 days to pay her yet the letter was dated two weeks previous.  All these companies are English . I can remember the original fines company . So am I right to 
ignore or should I make contact as I get the feeling from the above that Scottish law is different and probably won’t persue in court or can’t with it being in Scotland . Honestly I nearly paid it as it’s making me I’ll thinking I will get a ccj without the opportunity to fight it as I simply was waiting for a parking place along with 10 other cars causing delays getting out of the carpark . Thank you 

Gr1pr

Regardless of the circumstances, in Scotland it's Scottish laws and rules that apply, it times out after 5 years, read the thread below 

https://forums.moneysavingexpert.com/discussion/6545720/can-i-ignore-dcbl-final-notice-in-scotland#latest

If the letter of claim hasn't arrived from Scottish lawyers, or from the Sheriffs office, ignore 

Coupon-mad

So am I right to ignore or should I make contact 

Do exactly as I advised.

Skinnywhip

nettynoo1964 said:

Thank you for the above comments . The letters I have recieved are from GCTT DCBL ZZPS then another from GCTT sending it to QDR solicitors . Said I had 7 days to pay her yet the letter was dated two weeks previous.  All these companies are English . I can remember the original fines company . So am I right to 
ignore or should I make contact as I get the feeling from the above that Scottish law is different and probably won’t persue in court or can’t with it being in Scotland . Honestly I nearly paid it as it’s making me I’ll thinking I will get a ccj without the opportunity to fight it as I simply was waiting for a parking place along with 10 other cars causing delays getting out of the carpark . Thank you 

I’m in a similar situation. Same letters 

Trainerman

nettynoo1964 said:

Thank you for the above comments . The letters I have recieved are from GCTT DCBL ZZPS then another from GCTT sending it to QDR solicitors . Said I had 7 days to pay her yet the letter was dated two weeks previous.  All these companies are English . I can remember the original fines company . So am I right to 
ignore or should I make contact as I get the feeling from the above that Scottish law is different and probably won’t persue in court or can’t with it being in Scotland . Honestly I nearly paid it as it’s making me I’ll thinking I will get a ccj without the opportunity to fight it as I simply was waiting for a parking place along with 10 other cars causing delays getting out of the carpark . Thank you 

CCJ stands for County Court Judgment. So you cannot 'just get one'. It has to go to Court and then you have to lose. Even then, as long as you pay in the time allowed, there is NO knock on effect on your credit.

nettynoo1964

I recieved this letter this morning what does this mean ? I was never parked in the carpark I was never parked as anove thread 

Gr1pr

The second post in the newbies sticky thread in announcements explains what to do when a letter of claim is received by a person who lives in England