Scotland - Private Parking fine issued to owner not driver

DigitalSig

fisherjim said:

Follow Coupon-mad's advice above you are in Scotland the last thing you want is to identify the driver.

You also need to get your thoughts and facts together, you have no "fine" it's a speculative charge concocted by a private company, and they have issued nothing to "the owner" even the DVLA has no idea who the owner is and again the paperwork does not say owner I am willing to bet!

yes they can actually get the details from the DVLA - Registered Keeper details and Data Processing We requested the name and address of the registered keeper of the vehicle from the DVLA through the reasonable cause criteria of pursuing an outstanding parking charge. Such information has been provided in accordance with the Road Vehicles (Registration and Licensing) Regulations 2002

Coupon-mad

Yes that's normal. Nothing new.

Iceweasel

DigitalSig said:

fisherjim said:

Follow Coupon-mad's advice above you are in Scotland the last thing you want is to identify the driver.

You also need to get your thoughts and facts together, you have no "fine" it's a speculative charge concocted by a private company, and they have issued nothing to "the owner" even the DVLA has no idea who the owner is and again the paperwork does not say owner I am willing to bet!

yes they can actually get the details from the DVLA - Registered Keeper details and Data Processing We requested the name and address of the registered keeper of the vehicle from the DVLA through the reasonable cause criteria of pursuing an outstanding parking charge. Such information has been provided in accordance with the Road Vehicles (Registration and Licensing) Regulations 2002

Not true - you can not get details of who owns a vehicle from the DVLA.
You can only find out who is the keeper.
One needs to be careful with the true meaning of such words.
Your husband has not received a fine.
I can only repeat what others have said - if the parking company do not who who the driver is they can do absolutely nothing.

Nellymoser

The V5C identifies the Registered keeper NOT the owner. It states that in capital letters below name and address of the Registered keeper:

THIS DOCUMENT IS NOT PROOF OF OWNERSHIP.
It shows who is responsible for registering and taxing the vehicle.

fisherjim is correct DVLA don't know who the owner of the vehicle is they hold and release Registered keeper details.

DigitalSig

Nellymoser said:

Are they planning on taking you to the county court and get a county court judgment? If so that won't be happening. We've no County Courts in Scotland we have Sheriff Courts. The County court system only applies to E and W.

it says civil court - its not a criminal law breaking fine - its a breach of contract matter as it was private land I parked on

DigitalSig

Coupon-mad said:

Nothing will happen.

Actually it will - they are perfectly entitled to take civil action in a court - they have already gone to the lengths of persuing this for nearly a year - so yes it will happen - so again my original questions was can I get it back to £60 if I get my partner to provide my details as the driver - do they require by law to begin the process again or would it be £170 as the current amount is - I just really need to know that - thats all - does it reset to the original fine with discount if the driver is identified now?

ChirpyChicken

Nothing will happen because they can't claim costs in Scottish courts for that value.
So awfully your wrong I am afraid.
Why are you so desperate to part with your money
Honestly I get this alot in my job. People telling me stuff they know nothing about where as I do what do for a living and they come onto as is they are the expert....

Iceweasel

Please take note -
1. There is no fine and there never will be.
2. There can be no court case against the keeper.
3. Unless you foolishly name the driver they can go no further with this.

Coupon-mad

DigitalSig said:

Coupon-mad said:

Nothing will happen.

Actually it will - they are perfectly entitled to take civil action in a court - they have already gone to the lengths of persuing this for nearly a year - so yes it will happen - so again my original questions was can I get it back to £60 if I get my partner to provide my details as the driver - do they require by law to begin the process again or would it be £170 as the current amount is - I just really need to know that - thats all - does it reset to the original fine with discount if the driver is identified now?

Actually, it really, really won't.

You are in Scotland and no parking firm will currently litigate over a single PCN under the Simple Procedure, because:

1. your system bans added costs for claims under £300, so there's nothing in it for them, and 

2. these firms are not Scottish law firms, so they can't use the Simple Procedure, and

3. you live outside of the jurisdiction of the English courts, so that's not a valid option either, and

4. There's no 'keeper liability law (yet) in Scotland, so there's no cause of action.

Please - for goodness sake - and I say that to grab your attention and fully in your interests, stop thinking about saying who was driving to try to pay £60 instead of paying nothing.

It would also be madness for the person who CANNOT be held liable (the keeper who wasn't driving) to fess up the name of the person who could be held liable in Scotland (the driver)!  A really silly idea.

Tell your partner to calm down:

NOTHING WILL HAPPEN.

The parking industry always send these letters - for much longer than a mere year - in the hope of getting the more gullible people in Scotland to panic and pay.

That's not going to be you...

DigitalSig

Coupon-mad said:

DigitalSig said:

Coupon-mad said:

Nothing will happen.

Actually it will - they are perfectly entitled to take civil action in a court - they have already gone to the lengths of persuing this for nearly a year - so yes it will happen - so again my original questions was can I get it back to £60 if I get my partner to provide my details as the driver - do they require by law to begin the process again or would it be £170 as the current amount is - I just really need to know that - thats all - does it reset to the original fine with discount if the driver is identified now?

Actually, it really, really won't.

You are in Scotland and no parking firm will currently litigate over a single PCN under the Simple Procedure, because:

1. your system bans added costs for claims under £300, so there's nothing in it for them, and 

2. these firms are not Scottish law firms, so they can't use the Simple Procedure, and

3. you live outside of the jurisdiction of the English courts, so that's not a valid option either, and

4. There's no 'keeper liability law (yet) in Scotland, so there's no cause of action.

Please - for goodness sake - and I say that to grab your attention and fully in your interests, stop thinking about saying who was driving to try to pay £60 instead of paying nothing.

It would also be madness for the person who CANNOT be held liable (the keeper who wasn't driving) to fess up the name of the person who could be held liable in Scotland (the driver)!  A really silly idea.

Tell your partner to calm down:

NOTHING WILL HAPPEN.

The parking industry always send these letters - for much longer than a mere year - in the hope of getting the more gullible people in Scotland to panic and pay.

That's not going to be you...

Thank you - this made sense and I checked it out and GROK agrees with you and its totally true - thanks for the hard facts that give me confidence that I won't have to watch my partner in a civil court - just wouldn't put him through it because its not fair - I made the mistake not him