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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Parking without permit....7 months on!

Mousiemouth
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Mousiemouth

Mousiemouth

Posted
Posted (edited)

Last September whilst visiting my daughter in Edinburgh, I parked without displaying a permit (not knowingly..I had placed it on the dashboard and assumed, as it was very windy that night when I parked and dark, it blew out of the car without me noticing).

Anyway, at 7 o'clock on a Sunday morning a parking ticket was put on the windscreen asking for £70. I hadn't paid this and had no further correspondence about it until 2 days ago when I received a letter from a recovery agency, now wanting £140! The day after the letter arrived this was followed by a phone call from same recovery firm. My husband is the named keeper and he thinks I should pay it. What do you think...I am mystified why it would take them 7 months to follow this through .

Should I not have had letters from the parking people themselves before involving a 3rd party?

I would welcome any advice from those who know better than me. Thanks.

Edited by Mousiemouth
typos, inaccurate in places
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renegadeimp

renegadeimp

Posted
Posted

Mouse over the word ignore and follow the advice given. I'm not sure about scotland, but In England and wales, it would be VERY stupid for a parking company to send it to a DCA and claim it is a legitimate debt.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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ericsbrother

ericsbrother

Posted
Posted

the law in Scotland makes it even harder for the parking company to try and enforce its contract and they should know that. There is also no law of trespass in scotland so they cant claim for damages by trespass either. How did they get your telephone number- If you are listed in the phone book then that would explain but if it isnt they have breached the Data Protection Act.

Write to the DCA and tell them that the debt is denied and any further phone calls or demands from them will be treated as harassment and will result in both civil and criminal procedures against them.

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Mousiemouth

Mousiemouth

Posted
  • Author
Posted (edited)
the law in Scotland makes it even harder for the parking company to try and enforce its contract and they should know that. There is also no law of trespass in scotland so they cant claim for damages by trespass either. How did they get your telephone number- If you are listed in the phone book then that would explain but if it isnt they have breached the Data Protection Act.

Write to the DCA and tell them that the debt is denied and any further phone calls or demands from them will be treated as harassment and will result in both civil and criminal procedures against them.

I don't know where they've got my phone number from as I'm not listed in the phone book. The letter I have is from TNC Parking Services, acting on behalf of their client, P4 Parking. I think they are a debt collection agency with a 'parking services' division. The wording on the letter says '...their client P4 has instructed them to make recovery'.

I read that a NTK has to be issued not later than 56 days after the NTD, since 7 months has elapsed since the NTD, and this is the first letter received, does that make their demands nul and void? Thanks to all for your advice.

Edited by Mousiemouth
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renegadeimp

renegadeimp

Posted
Posted

Ignore them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Crocdoc

Crocdoc

Posted
Posted

The fact that it relates to parking charge from a private company, you can either ignore or challenge the legitimacy of the claim in writing. You are under no obligation whatsoever to engage with debt collectors and they can do nothing other than make boring noises.

Can you remember precisely where in Edinburgh you received this charge and I will look further into it.

 

Furthermore there is no obligation in Scotland to name the driver. Therefore he could argue harassment with whoever appointed the parking agent.

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Mousiemouth

Mousiemouth

Posted
  • Author
Posted (edited)
The fact that it relates to parking charge from a private company, you can either ignore or challenge the legitimacy of the claim in writing. You are under no obligation whatsoever to engage with debt collectors and they can do nothing other than make boring noises.

Can you remember precisely where in Edinburgh you received this charge and I will look further into it.

 

Furthermore there is no obligation in Scotland to name the driver. Therefore he could argue harassment with whoever appointed the parking agent.

 

Thanks for that Crocdoc. I was parked at Springfield st, Eh 6 if that helps. Do you know if I am right about the timespan in sending a NTK?

Edited by Mousiemouth
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dx100uk

dx100uk

Posted
Posted

totally ignore them in Scotland

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Crocdoc

Crocdoc

Posted
Posted
Thanks for that Crocdoc. I was parked at Springfield st, Eh 6 if that helps. Do you know if I am right about the timespan in sending a NTK?

 

The timespan is only set by the British parking Association who are of no importance as they are merely a represenative body of the private parking operators.

Both of these comanies you mention are Members of the BPA, the address provided in Dalry /Gorgie is as far as I can see managed by P4. TNC as you rightly state are merely debt collectors and have no legal status of any description, furthermore you are under no obligation whatsoever to engage with them. The only problem you may have is repeated phone calls, however you can always let them listen to Jeremy Kyle on the telly which in itself should drive them mad in a reasonably short period of time.

 

You have two opitions, simply ignore as DX states.

Alternatively you could write and deny all liablity, then of course you could argue harrasment if the collection calls persist.

 

Many people in Scotland have tried and failed to get these companies into court. As it stands there is nothing they can do apart from make threatening noises.

 

I hope this information is of assistance.

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  • 3 months later...
Makaveli777

Makaveli777

Posted
Posted
Thank you for that, another call today so a letter is on the way making all the points shared here.

 

Hello there,

 

Got done in exactly the same place and got the £140 demand letter from TNC. How did you get on with them? Did you get off with paying after you sent the letter? Our employees both never seen any signs.

 

Hopefully hear from you soon

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renegadeimp

renegadeimp

Posted
Posted

Hi mak. WHat country do you live in? There is different advice for you depending whether you live in scotland or england.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 weeks later...
some advice please!

some advice please!

Posted
Posted

I'm having the same sort of problem.

 

I was parked in Edinburgh on private land but on the road,

not in a bay or on any lines and I wasn't causing an obstruction.

 

I'm guessing I got the ticket though as it's still their land.

 

I received the parking ticket from p4 parking which I ignored as advised.

 

5 months later I got a letter from TNC parking services demanding that I pay £140.00 or challenge the matter within 14 days.

 

I wrote to them explaining that I was on the road, but received another letter before my 14 days were up demanding I pay within 28 days

or they'd pass this matter over to their litigation department.

 

Some people say to just ignore it but they know I was the driver so does that make it easier for them to take me to court?

 

Also will the charge go up before I receive a court letter.

 

I'm not sure about the Scottish law when it comes to this so any advice would be great!!

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dx100uk

dx100uk

Posted
Posted

as post 10

 

now ignore them

willy waving

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Mousiemouth

Mousiemouth

Posted
  • Author
Posted

Still get calls from TNC but not as regular. Follow the advice offered on here, it's sound and sensible. Whereabouts were you parked (don't say exact street). How would they know it was you that was driving....?

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some advice please!

some advice please!

Posted
Posted

The advice on here has been great!

 

but I stupidly sent them a letter explaining that I was parked on the road in the Leith area

but not in a bay or on lines so they can assume now that I was the driver.

 

I got another letter today saying final demand for payment and that I have 14 days to pay

( my 28 days from the last letter isn't even up yet)

 

They said they'd recommend their clients to take legal action and legal action will be taken.

 

I'm just worried now that because I sent them that letter, it will now be easier for them to take action.

Thanks for your help!

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dx100uk

dx100uk

Posted
Posted

matters not what you sent

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ericsbrother

ericsbrother

Posted
Posted

As stated, the law in Scotland is defferent to that in England and Wales so you will not be taken to court because the parking companies are not THAT stupid so they rely on bullying and fibbing to get you to pay up. Again, telling them you were the driver makes no odds as the Protection of Freedoms Act doesnt apply in Scotland either.

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