EXCEL Parking charge SCOTLAND Urgent

AJ1234_2 · 13 March 2018 at 6:24PM

Hi, firstly I'd like to say what a great forum and great advice thats given, I have already learned a lot and am thankful for all the input from everyone

So I received a PCN from Excel parking in stirling scotland and proceeded to ignore all the letters from them. I have just been issued a 'demand before court' letter from Pollock Fairbridge Schiavone Solicitors which is demanding the original fee of £100 plus debt collection fee of £60 or they will proceed to litigate the matter. The letter then showed precedent of a case in Dundee where they were awarded 24,500.

I have labelled this as urgent as the letter arrived on the final date of payment instructed by the company before taking to court, and i am posting this one day later as I hadn't noticed.

Is this another letter I can ignore as my research has found that in Scotland only the driver is held liable and would be unlikely to proceed with court?

Any help is greatly appreciated,

Ant

AJ1234_2 · 13 March 2018 at 6:29PM

May I add that the charge in question is recorded at 3:29am where the sign was very illegible as it was unlit and the driver of the vehicle would have had great trouble reading it. it was also for a stay of 15 minutes recorded while the T&Cs state 10 minutes without charge.

I, as the keeper of the vehicle am stressed as I work abroad in the summer, and court proceedings would be costly to me due to flight costs and loss of personal time. Would they need to directly take the driver to court or could they take me, the keeper to court?

thanks again

Le_Kirk · 13 March 2018 at 6:29PM

Go to the Sticky thread and read about what to do in Scotland. Here is the link and the advice is in post # 1.

twhitehousescat · 13 March 2018 at 6:31PM

in the case at dundee £24.500 , that was for multiple tickets AND the person not only named themselves , but refused help

forget that case its nothing like yours

much as sounding "great" Pollock Fairbridge Schiavone Solicitors are a new company founded just over 6 mths ago

https://beta.companieshouse.gov.uk/company/SC570808/filing-history

KeithP · 13 March 2018 at 6:37PM

My understanding is that in Scotland there is no way of transferring liability from the driver to the keeper.

Therefore they appear to have reason to believe that the keeper is the driver, or they're just trying it on.

It would help your case enormously if you could prove you were not the driver. Were you abroad at the time of the alleged incident and can you prove that in some way?

System · 13 March 2018 at 6:37PM

Ball Ocks as they are known are mainly into debt collection. They don't do court unless paid and Excel don't pay them to do court in Scotland.

AJ1234_2 · 13 March 2018 at 6:40PM

Thanks, what I'd like to know is could I still be taken to court regarding the matter even without liability solely as the keeper as the driver is unknown to the company.

twhitehousescat · 13 March 2018 at 6:41PM

At Pollock Fairbridge Schiavone Solicitors we realise the stress that being owed money can cause. We will work with you to separate the can!!!8217;t pays from the won!!!8217;t pays and seek to recover the funds owed to you in the timeliest, most cost efficient manner. Our extensive experience in this area allows us to provide exceptional service at a reasonable price. We will also seek to recover the maximum in relation to recoverable expenses to reduce the cost to you. We will also consider acting on an !!!8216;expenses only basis!!!8217; in certain cases.

https://www.pfssolicitors.co.uk/disputes/debt-recovery/

KeithP · 13 March 2018 at 6:42PM

AJ1234 wrote: »

Thanks, what I'd like to know is could I still be taken to court regarding the matter even without liability solely as the keeper as the driver is unknown to the company.

Yes of course.

Anyone can sue whoever they like - or don't like.

They would however need to prove to the court that the defendant was indeed liable. I.e. need to prove that the defendant was the driver.

twhitehousescat · 13 March 2018 at 6:43PM

AJ1234 wrote: »

Thanks, what I'd like to know is could I still be taken to court regarding the matter even without liability solely as the keeper as the driver is unknown to the company.

they have a greater chance of winning in an english court , and then , only with stupid defendents

stand your ground , gob shut

AJ1234_2 · 13 March 2018 at 6:52PM

twhitehousescat wrote: »

At Pollock Fairbridge Schiavone Solicitors we realise the stress that being owed money can cause. We will work with you to separate the can!!!8217;t pays from the won!!!8217;t pays and seek to recover the funds owed to you in the timeliest, most cost efficient manner. Our extensive experience in this area allows us to provide exceptional service at a reasonable price. We will also seek to recover the maximum in relation to recoverable expenses to reduce the cost to you. We will also consider acting on an !!!8216;expenses only basis!!!8217; in certain cases.

Hi, sorry could you explain to me what this means?

Thanks

EXCEL Parking charge SCOTLAND Urgent

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