Photograph the signs, as these are crucial to whether a contract was formed, take written statements from those that were with you. Property management is a huge part of their business. Due to the size of the claim it will almost certainly be dealt with on the Small Claims track (for cases of 5,000 or less). 31. Thank you for replying to me so soon,the fine is 160 now as I ignored all previous ones and ,Highview parking have now passed it to a Debt collector. The key question is was there a sign visible before you entered the parking space. ._2ik4YxCeEmPotQkDrf9tT5{width:100%}._1DR1r7cWVoK2RVj_pKKyPF,._2ik4YxCeEmPotQkDrf9tT5{display:-ms-flexbox;display:flex;-ms-flex-align:center;align-items:center}._1DR1r7cWVoK2RVj_pKKyPF{-ms-flex-pack:center;justify-content:center;max-width:100%}._1CVe5UNoFFPNZQdcj1E7qb{-ms-flex-negative:0;flex-shrink:0;margin-right:4px}._2UOVKq8AASb4UjcU1wrCil{height:28px;width:28px;margin-top:6px}.FB0XngPKpgt3Ui354TbYQ{display:-ms-flexbox;display:flex;-ms-flex-align:start;align-items:flex-start;-ms-flex-direction:column;flex-direction:column;margin-left:8px;min-width:0}._3tIyrJzJQoNhuwDSYG5PGy{display:-ms-flexbox;display:flex;-ms-flex-align:center;align-items:center;width:100%}.TIveY2GD5UQpMI7hBO69I{font-size:12px;font-weight:500;line-height:16px;color:var(--newRedditTheme-titleText);white-space:nowrap;overflow:hidden;text-overflow:ellipsis}.e9ybGKB-qvCqbOOAHfFpF{display:-ms-flexbox;display:flex;-ms-flex-align:center;align-items:center;width:100%;max-width:100%;margin-top:2px}.y3jF8D--GYQUXbjpSOL5.y3jF8D--GYQUXbjpSOL5{font-weight:400;box-sizing:border-box}._28u73JpPTG4y_Vu5Qute7n{margin-left:4px} We operate as a form of "legal triage" where commenters can guide posters towards resolving issues themselves or towards an appropriate professional. Realistically, there isnt any way to force them to take you to Court other than just continuing to refuse to pay. How do Parking Companies know who you are? As for the amount, it seems excessive. For a contract to be formed they must first offer you the terms on which they agree to let you park on their land. We did not read any of the signage pertaining to car parking as I was with a registed blind person and we were busy dodging puddles in what was a very poorly drained area during a heavy rain shower. Its concerning that people can just write to you six years later and say you owe 510. To see all content on The Sun, please use the Site Map. They can then fix the fine to your car, but equally they may post the notice out to your address. It has to be a Sheriff Officer. Ultimately, it is for a court to decide if the charge is reasonable or not; but it should be borne in mind, if a challenge is made on these grounds and unsuccessful, not only may you have to pay the charge, but also the other partys legal costs. .LalRrQILNjt65y-p-QlWH{fill:var(--newRedditTheme-actionIcon);height:18px;width:18px}.LalRrQILNjt65y-p-QlWH rect{stroke:var(--newRedditTheme-metaText)}._3J2-xIxxxP9ISzeLWCOUVc{height:18px}.FyLpt0kIWG1bTDWZ8HIL1{margin-top:4px}._2ntJEAiwKXBGvxrJiqxx_2,._1SqBC7PQ5dMOdF0MhPIkA8{vertical-align:middle}._1SqBC7PQ5dMOdF0MhPIkA8{-ms-flex-align:center;align-items:center;display:-ms-inline-flexbox;display:inline-flex;-ms-flex-direction:row;flex-direction:row;-ms-flex-pack:center;justify-content:center} It will automatically process the charge, as technically the rules have been broken. I am currently unemplyed and money is very tight at the moment, I am living off my savings which have almost run out. The term should also state clearly the terms that you can park on the land or in the car park. They will also usually be a member of a professional Parking Association, so if you cannot resolve it with them, you can usually appeal it to their professional body, but you need to be prepared for them taking it to Court if you are not successful. Sorry for the delay in getting back to you. Keeper liability Paragraph 11 condition. However, many Bailiffs also work as debt collectors and can try and recover the debt from you using letters, telephone call and visiting your home (though they cannot enter). Hi. Reddit is not a substitute for a qualified Solicitor and comments are not moderated for quality or accuracy; Any replies received must only be used as guidelines, followed at your own risk; If you receive any private messages in response to your post, please let the mods know; It is the default position of LAUK that you should never speak to the media; Check out our Common Legal Resources for helpful organisations to contact; If you do not receive satisfactory advice after 72 hours, you can let the mods know; Please provide an update at a later time by creating a new post with [update] in the title; All replies to OP must be on-topic, helpful, and legally orientated; If you do not follow the rules, you may be banned without any further warning; Please include links to reliable resources in order to support your comments or advice; If you feel any replies are incorrect, explain why you believe they are incorrect; Do not send or request any private messages for any reason; Please report posts or comments which do not follow the rules. If you dont, then at present although there is no concept of Registered Keepers liability in Scotland, a Court may presume, in the absence of you identifying the driver, that you were the driver. Remember if you get further tickets, these will need to be appealed, so maybe best getting a photo of the sign and speaking to your local advice agency. If your vehicle is clamped, even wrongly, you should not remove the clamp yourself, but contact the Police. I have received a PCN of 100 for allegedly overstaying in a car park in Scotland. That is not to say that if a Firm is not a member of one of these bodies they cannot pursue you for a ticket. There are a number of debt collection companies involved in private parking, including Debt Recovery Plus, Equita, and Zenith Collections, and MIL. Surly this is enough to challenge fine ? Over 3 years ago I took my motorcycle to Braehead shopping centre with my son as pillion passenger. One firm, who has now been banned by the DVLA, was found to be sending fines to people stating they have overstayed, when they had not. You may, therefore, want to ask yourself, do you want to pay a fine to a Firm that has attached a fine to your windscreen or handed it you, but is not likely to be able to get your address from the DVLA? Hope it works out. ._3Z6MIaeww5ZxzFqWHAEUxa{margin-top:8px}._3Z6MIaeww5ZxzFqWHAEUxa ._3EpRuHW1VpLFcj-lugsvP_{color:inherit}._3Z6MIaeww5ZxzFqWHAEUxa svg._31U86fGhtxsxdGmOUf3KOM{color:inherit;fill:inherit;padding-right:8px}._3Z6MIaeww5ZxzFqWHAEUxa ._2mk9m3mkUAeEGtGQLNCVsJ{font-family:Noto Sans,Arial,sans-serif;font-size:14px;font-weight:400;line-height:18px;color:inherit} At best the only one I can think is under the laws of statute barred debts, which would be 5 years. If you are the Registered Keeper of a car but were not driving it at the time the fine was charged, you can argue that you are not liable for the fine. William Black, 37, was told he had overstayed his welcome at the Antonine Shopping Centre in Cumbernauld, Scotland, three times in 2016. They are. If they continue, then that may be considered harassment which you can then report to Trading Standards or the Financial Ombudsman. Ignoring things is generally not a Is this not a breach of contract? As a general rule, therefore, always write to who sent you the last letter, but ask them to pass the debt back to the original Firm that gave you the debt and ask they consider writing it off, as its their decision. When was the parking contravention? Car Parking Partnership CPP ANPR PCN - Shepherd Street Car Park in Liverpool - money taken twice - States - previously wrote at a different address, 14 days to pay 170 or result in recommending legal action. It adds: "You now have 14 days from the date of this letter to either pay the outstanding amount or call us to discuss payment.". Explaining this and if the fine will cause her financial difficulties may persuade them to use their discretion in this case to waive the fee. Since the incident in early July 2020, I have received 7 letters over a 6 month period; 2 from Gemini Parking Solutions followed by 3 from Debt Recovery Plus, folllowed by 1 from Zenith Collections and finally a letter from CST Law dated 7/1/21 and giving me until 21/1/21 to pay the fine. Its such a long time ago I genuinely cant remember.. One way of avoiding that is to take the person to Court and the debt can recovered for up to 20 years. I am sorry this has occurred. Firms, therefore, may only charge a reasonable amount if you stay beyond your allotted time on the land. If the Parking Firm dont waive the charge, take it to their Parking Associations Adjudication process. It is also noted that the signs in the car park are clear, and they state that should they pass the debt to a third party for collection, they they will apply an additional 60 charge. A receipt can help to show she was in the store at the right time and was shopping. Thats not always to say they will go to Court, but it is an option. If you want further evidence they are enforceable, here is an article in the Glasgow Herald dealing with a case where the court upheld the tickets. Letter Before Claim - Parking Cowboys Hi all, So long story short, I have just received a notice of debt recovery in the post from dcbl. One way of looking at it, is you do that when you drive into a parking space, having read the T & Cs before entering. In Scottish case heard in Dundee Sheriff Court a similar decision was made in Vehicle Control Services v Mackie. If you have found the information on here helpful, please consider a small donation. For this reason, if you dispute what the Firm is saying, ask for evidence to show that you committed the breach they allege you committed. Hi, I have a final reminder-unpaid parking charge from Highview Parking which states they have instructed Direct Collection Baillifs Limited to collect the outstanding balance of 160 This was in Scotland in a shopping car park 21 months ago where I was not the driver indeed I was working apx 80 miles away I have not responded to their letters,do you think I should pay it ? ._2cHgYGbfV9EZMSThqLt2tx{margin-bottom:16px;border-radius:4px}._3Q7WCNdCi77r0_CKPoDSFY{width:75%;height:24px}._2wgLWvNKnhoJX3DUVT_3F-,._3Q7WCNdCi77r0_CKPoDSFY{background:var(--newCommunityTheme-field);background-size:200%;margin-bottom:16px;border-radius:4px}._2wgLWvNKnhoJX3DUVT_3F-{width:100%;height:46px} You could try challenging it or appealing it. However, I would just suggest contacting them and asking (see here). But, there is a very simple way of getting rid of a debt collector. Are they able to enforce keeper liability yet? You can also gather your own evidence. This is a free process, doesnt involve lawyers and also doesnt prevent you raising a defence in Court if you fail and the Firm then takes you to Court. Many thanks for your prompt reply and for confirming my next course of action. No Internet forum, website or subreddit should be used as a substitute for a qualified legal professional, but should only be used as informal guidance in advance of speaking to one. In the UK, a parking charge notice is a fine that is issued to individuals that park their vehicles in a way that is against conventions, laws or road markings. However, from what you are saying I think I would write to the Firm and do what you have suggested. If you really wanted to, you could then pursue the driver from 2018 for the 160 you've had to spend. Legal Basis for Parking Charge Notices What makes these charges legal is they are based on contract law. .c_dVyWK3BXRxSN3ULLJ_t{border-radius:4px 4px 0 0;height:34px;left:0;position:absolute;right:0;top:0}._1OQL3FCA9BfgI57ghHHgV3{-ms-flex-align:center;align-items:center;display:-ms-flexbox;display:flex;-ms-flex-pack:start;justify-content:flex-start;margin-top:32px}._1OQL3FCA9BfgI57ghHHgV3 ._33jgwegeMTJ-FJaaHMeOjV{border-radius:9001px;height:32px;width:32px}._1OQL3FCA9BfgI57ghHHgV3 ._1wQQNkVR4qNpQCzA19X4B6{height:16px;margin-left:8px;width:200px}._39IvqNe6cqNVXcMFxFWFxx{display:-ms-flexbox;display:flex;margin:12px 0}._39IvqNe6cqNVXcMFxFWFxx ._29TSdL_ZMpyzfQ_bfdcBSc{-ms-flex:1;flex:1}._39IvqNe6cqNVXcMFxFWFxx .JEV9fXVlt_7DgH-zLepBH{height:18px;width:50px}._39IvqNe6cqNVXcMFxFWFxx ._3YCOmnWpGeRBW_Psd5WMPR{height:12px;margin-top:4px;width:60px}._2iO5zt81CSiYhWRF9WylyN{height:18px;margin-bottom:4px}._2iO5zt81CSiYhWRF9WylyN._2E9u5XvlGwlpnzki78vasG{width:230px}._2iO5zt81CSiYhWRF9WylyN.fDElwzn43eJToKzSCkejE{width:100%}._2iO5zt81CSiYhWRF9WylyN._2kNB7LAYYqYdyS85f8pqfi{width:250px}._2iO5zt81CSiYhWRF9WylyN._1XmngqAPKZO_1lDBwcQrR7{width:120px}._3XbVvl-zJDbcDeEdSgxV4_{border-radius:4px;height:32px;margin-top:16px;width:100%}._2hgXdc8jVQaXYAXvnqEyED{animation:_3XkHjK4wMgxtjzC1TvoXrb 1.5s ease infinite;background:linear-gradient(90deg,var(--newCommunityTheme-field),var(--newCommunityTheme-inactive),var(--newCommunityTheme-field));background-size:200%}._1KWSZXqSM_BLhBzkPyJFGR{background-color:var(--newCommunityTheme-widgetColors-sidebarWidgetBackgroundColor);border-radius:4px;padding:12px;position:relative;width:auto} Web[deleted] 4 yr. ago Most likely, yes. If you don't have the time or just need a bit of guidance, then we can get put you in touch with a specialist. If taken to court and he has to pay will it affect his credit rating? Be warned that she will get lots of intimidating letters from DCBL and they may even refer to their infamous TV program 'Can't Pay, We''ll Take It To Posters (it is important you read this section), Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different. My car was parked in a residential space at his flat, as he didnt drive my car was parked in his space. WebI suggest you contact or write to the DCBL and advise to provide all documents to support this fine. However, I will usually get out my car and look before I leave my car there. This means they will have rules about how you appeal a parking fine and, if unsuccesful at the first step, appeal it to the Association. Money Judgements and Certificates of Satisfaction, section 95 of the Transport (Scotland) Act 2019, https://www.youtube.com/watch?v=ei21G4-Mr9U, Moveable Transactions (Scotland) Bill 2022, Statutory Pledges: A New Debt Security for Scotland, Proposal for a Cost of Living (Debt) (Scotland) Bill, Social Justice Committee says Devolved Powers should be used to combat Cost of Living Crisis. They are likely to ask you who was driving the car at the time. Please enable Strictly Necessary Cookies first so that we can save your preferences! We actually never seen the signs, also the chip shop should have told us to put our car registration number into a box on the wall and that would have dealt with it. He lives in Scotland so would be the sheriff court. I ignored these as that was the advice I saw online at the time. 679215 Registered office: 1 London Bridge Street, London, SE1 9GF. Suing for breach of the Data Protection Act, Click here to make a no-obligation enquiry. They run very slick operations, sending you scary-looking letters to chase the alleged debt. You can download it in Word .docx or OpenD o cument .odt format If you At that point, since debt collection is regulated, the debt collector must cease contacting you. At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, I have heard this being said before that advice agencies are saying these debts are not enforceable. When you receive a notice from a firm it should notify you also of their internal appeal process and how you make an appeal. Current management for the Antonine Shopping Centre insisted the new owners are "completely separate from any previous owners and any policies they had in place at that time". Sometimes we need a bit of expert help to fight tickets or county court claims. Is there a time limit on firms within which they have to issue notice please? 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