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  • FIRST POST
    • AJ1234
    • By AJ1234 13th Mar 18, 5:24 PM
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    AJ1234
    EXCEL Parking charge SCOTLAND Urgent
    • #1
    • 13th Mar 18, 5:24 PM
    EXCEL Parking charge SCOTLAND Urgent 13th Mar 18 at 5:24 PM
    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
Page 1
    • AJ1234
    • By AJ1234 13th Mar 18, 5:29 PM
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    AJ1234
    • #2
    • 13th Mar 18, 5:29 PM
    • #2
    • 13th Mar 18, 5:29 PM
    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
    • By Le_Kirk 13th Mar 18, 5:29 PM
    • 2,686 Posts
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    Le_Kirk
    • #3
    • 13th Mar 18, 5:29 PM
    • #3
    • 13th Mar 18, 5:29 PM
    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
    • By twhitehousescat 13th Mar 18, 5:31 PM
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    twhitehousescat
    • #4
    • 13th Mar 18, 5:31 PM
    • #4
    • 13th Mar 18, 5:31 PM
    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
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • KeithP
    • By KeithP 13th Mar 18, 5:37 PM
    • 7,240 Posts
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    KeithP
    • #5
    • 13th Mar 18, 5:37 PM
    • #5
    • 13th Mar 18, 5:37 PM
    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?
    .
    • IamEmanresu
    • By IamEmanresu 13th Mar 18, 5:37 PM
    • 2,314 Posts
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    IamEmanresu
    • #6
    • 13th Mar 18, 5:37 PM
    • #6
    • 13th Mar 18, 5:37 PM
    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.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • AJ1234
    • By AJ1234 13th Mar 18, 5:40 PM
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    AJ1234
    • #7
    • 13th Mar 18, 5:40 PM
    • #7
    • 13th Mar 18, 5:40 PM
    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
    • By twhitehousescat 13th Mar 18, 5:41 PM
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    twhitehousescat
    • #8
    • 13th Mar 18, 5:41 PM
    • #8
    • 13th Mar 18, 5:41 PM
    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/
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • KeithP
    • By KeithP 13th Mar 18, 5:42 PM
    • 7,240 Posts
    • 6,771 Thanks
    KeithP
    • #9
    • 13th Mar 18, 5:42 PM
    • #9
    • 13th Mar 18, 5:42 PM
    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.
    Originally posted by AJ1234
    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
    • By twhitehousescat 13th Mar 18, 5:43 PM
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    twhitehousescat
    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.
    Originally posted by AJ1234

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

    stand your ground , gob shut
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • AJ1234
    • By AJ1234 13th Mar 18, 5:52 PM
    • 8 Posts
    • 0 Thanks
    AJ1234
    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.
    Originally posted by twhitehousescat
    Hi, sorry could you explain to me what this means?

    Thanks
    • twhitehousescat
    • By twhitehousescat 13th Mar 18, 6:02 PM
    • 1,287 Posts
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    twhitehousescat
    this stupid website adds exclamation marks as it wants ,

    basicly they are saying "no win no fee" , sending letters out , those that pay , they pocket 60

    those that dont pay up , they give up on and hand back to the parking Co
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • AJ1234
    • By AJ1234 13th Mar 18, 6:08 PM
    • 8 Posts
    • 0 Thanks
    AJ1234
    this stupid website adds exclamation marks as it wants ,

    basicly they are saying "no win no fee" , sending letters out , those that pay , they pocket 60

    those that dont pay up , they give up on and hand back to the parking Co
    Originally posted by twhitehousescat
    Ah so you mean that theyre maybe chancing the luck with the letter in a no win no fee basis - but if it would to go further its not worth their time to gamble on it?
    • Umkomaas
    • By Umkomaas 13th Mar 18, 6:15 PM
    • 17,632 Posts
    • 27,892 Thanks
    Umkomaas
    Ah so you mean that theyre maybe chancing the luck with the letter in a no win no fee basis - but if it would to go further its not worth their time to gamble on it?
    Originally posted by AJ1234
    Finally got there!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • AJ1234
    • By AJ1234 13th Mar 18, 6:52 PM
    • 8 Posts
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    AJ1234
    One more question I'd like to ask, in the event of the company taking me to court, would it be possible for me to ask to postpone the trial to a later date as so I don't have to buy a return flight back to the country to appear?

    Thanks
    • twhitehousescat
    • By twhitehousescat 13th Mar 18, 6:55 PM
    • 1,287 Posts
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    twhitehousescat
    a lot will happen between now and any potential court case , inc the odd hogmanay or two .

    they are just feeding uncatchables out hoping for just a small return
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • beamerguy
    • By beamerguy 13th Mar 18, 7:13 PM
    • 7,358 Posts
    • 9,795 Thanks
    beamerguy
    AJ1234 ..... the advice above is good and sound.

    Excel are a vindictive set up operated by an ex nasty
    clamper

    The Dundee case was a farce but unfortunately, Carly, the
    lady who picked up the 24k judgement was her own worse
    enemy

    The PPC only won a judgement and then, Carly went
    bankrupt so a "no score draw"

    It seems that Pollock Fairbridge Schiavone Solicitors, are
    acting as debt collectors which really is pointless in
    Scotland

    However as we know, stupidity can reign with scammers
    and maybe this is the latest Excel wheeze.

    However Pollock Fairbridge Schiavone Solicitors need
    to act with great care or they will be listed very high
    on google as are Gladstones, BWLegal, Wright Hassall
    and a few of the other dodgy legals

    As twhitehousescat has said, Pollock Fairbridge Schiavone Solicitors
    are new boys on the block by some 6 months and getting into bed
    with scammers like Excel is very dangerous for them

    Going to bed with scammers is a very dangerous thing, so
    Pollock Fairbridge Schiavone Solicitors really need to take stock
    and fully understand how Google works
    Last edited by beamerguy; 13-03-2018 at 7:28 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • The Deep
    • By The Deep 13th Mar 18, 7:33 PM
    • 9,209 Posts
    • 8,980 Thanks
    The Deep
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors..

    Parking Eye, CPM, Smart, and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    You never know how far you can go until you go too far.
    • beamerguy
    • By beamerguy 13th Mar 18, 7:37 PM
    • 7,358 Posts
    • 9,795 Thanks
    beamerguy
    One more question I'd like to ask, in the event of the company taking me to court, would it be possible for me to ask to postpone the trial to a later date as so I don't have to buy a return flight back to the country to appear?

    Thanks
    Originally posted by AJ1234
    So where are you and for how long ?
    Don't have to say the actual location
    Last edited by beamerguy; 13-03-2018 at 7:57 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • AJ1234
    • By AJ1234 13th Mar 18, 8:14 PM
    • 8 Posts
    • 0 Thanks
    AJ1234
    So where are you and for how long ?
    Don't have to say the actual location
    Originally posted by beamerguy
    Mainland Europe, May-September
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