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Scotland: Court orders woman to pay £24,500 in private parking charges (VCS)

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  • nigelbb
    nigelbb Posts: 3,797 Forumite
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    This case really is the equivalent of a motorist persistently parking on a private individual's drive. It was a high risk game to be so bloody minded & persistently ignore over 200 parking tickets just on the basis that they weren't enforceable & not on the basis that the motorist had done nothing wrong.

    I agree that issuing private 'fines' should never be the answer & a more correct legal approach would be to get an injunction (or whatever the equivalent is in Scotland) to prevent the motorist parking.

    The motorist in this case would be best advised to go for bankruptcy so at least it will be a hollow victory for the PPC.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Libel, what libel?

    https://en.oxforddictionaries.com/definition/libel

    Whose reputation has been seriously damaged?
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,690 Forumite
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    The_Deep wrote: »
    Libel, what libel?

    https://en.oxforddictionaries.com/definition/libel

    Whose reputation has been seriously damaged?

    Wouldn't have thought there was any money left to instigate expensive libel litigation.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    Umkomaas wrote: »
    Wouldn't have thought there was any money left to instigate expensive libel litigation.

    Indeed, I wonder if they're aware that Legal Aid isn't available for libel cases.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 5 April 2017 at 9:25AM
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    Carly should to helped by people here because you all say that she should have ignored it so put your money where your mouth is and HELP OUT.

    I have no intention of contributing one penny towards Carly's defence. Landowners have rights too you know.

    She lost because she revealed she was the driver and that was all VCS needed.

    Surely a judge would reasonably assume that she was the driver anyway? It would be most unlikely that you would not know who was driving your car on 200 occasions. Advice on these boards is to ignore one PCN, not 200.
    You never know how far you can go until you go too far.
  • AltheHibby
    AltheHibby Posts: 733 Forumite
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    Not strictly on topic, but the comment about the "English...." could be considered racist.* And really doesn't help the poster's case.

    *and I say that in light of experience as someone with English blood living in Scotland.
  • TomTrinder
    TomTrinder Posts: 1 Newbie
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    Sheriffs in Scotland do not routinely ask who the driver was. Both Mark Robb and Neil Halyburton won their cases at Dundee court against VCS using a driver not identified defence. The Sheriff did not require them to name the driver and dismissed VCS claim as incompetent in the Robb case. Check the Courier around June 2015.

    Having said that, without being privy to Carly's defence, its not possible to say what she should have done. With 200 tickets, I suspect a driver not identified defence would have been an uphill struggle, but with a forbidding signage added, she'd at least have a fighting chance. The latter doesn't seem to have been explored, which was a missed opportunity as there are plenty of won cases from down south that could have been used to beef up the defence as pursuasive examples.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    TomTrinder wrote: »
    Sheriffs in Scotland do not routinely ask who the driver was. Both Mark Robb and Neil Halyburton won their cases at Dundee court against VCS using a driver not identified defence. The Sheriff did not require them to name the driver and dismissed VCS claim as incompetent in the Robb case. Check the Courier around June 2015.

    Having said that, without being privy to Carly's defence, its not possible to say what she should have done. With 200 tickets, I suspect a driver not identified defence would have been an uphill struggle, but with a forbidding signage added, she'd at least have a fighting chance. The latter doesn't seem to have been explored, which was a missed opportunity as there are plenty of won cases from down south that could have been used to beef up the defence as pursuasive examples.

    Great information, thanks.
  • Coupon-mad
    Coupon-mad Posts: 133,914 Forumite
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    TomTrinder wrote: »
    Sheriffs in Scotland do not routinely ask who the driver was. Both Mark Robb and Neil Halyburton won their cases at Dundee court against VCS using a driver not identified defence. The Sheriff did not require them to name the driver and dismissed VCS claim as incompetent in the Robb case. Check the Courier around June 2015.

    Having said that, without being privy to Carly's defence, its not possible to say what she should have done. With 200 tickets, I suspect a driver not identified defence would have been an uphill struggle, but with a forbidding signage added, she'd at least have a fighting chance. The latter doesn't seem to have been explored, which was a missed opportunity as there are plenty of won cases from down south that could have been used to beef up the defence as persuasive examples.

    Welcome, Tommy Trinder. :)

    Can you manage to stop some of the awful advice on the 'fight parking tickets' (or whatever it's called) Facebook pages or is it an impossible battle? People writing rubbish about set asides and getting it wrong (e.g. talking about Stat Declarations) are not helping!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Murdo is on the case.


    http://www.debtscotland.com/news1.cfm?id=527
    You never know how far you can go until you go too far.
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