I received a PNC from HighView Parking for an overrun of 2 hours at a retail car park in Livingston Scotland.

In this particular case I was definitely not the driver and that is absolutely genuine.

I obviously know who the driver is but not about to divulge this information to them.

The alleged incident happened on Oct 30th 2016,

their PNC is dated 7th November 2016

and I received the PNC via second class post today 16th Nov 2016 some 17 days later.

I thought they only had 14 days for to send this out, but I could be wrong.

Who on earth posts out time sensitive data via 2nd class post, especially at this time of the year?

I was wondering where I stand on all of this as they cannot quote PoFA to me as it does not apply in Scotland, or am I wrong about that?

I also notice that they state on the reverse that - quote

"Where our clients property is located either in England or Wales should your appeal be rejected, we will provide you with full details of how to appeal your notice through POPLA......etc,etc.

what happens when their clients property is in Scotland then?

One thing I do know is that there is no way they are getting the name of the driver without them coughing up an admin fee for the data. Lets face it, I would be charged if I were to ask for data from any company so as far as I am concerned that works both ways.

Any help appreciated.

Hi and welcome to CAG.

Ignore them. You are correct. PoFA does not apply in Scotland so I would complain to the DVLA for giving out your details to a parking company where no liability exists.

These companies are well known for delaying posting letters so that they can deny you an appeal. I bet the envelope doesn't have a date mark on it so it's a case of your word against theirs.

The only time to respond to these chancers is if a Letter Before Action or court papers arrive

Thanks Silverfox1961 I will certainly be sending a letter to DVLA with a complaint. If court papers do arrive which I doubt if they will I will get back in touch. I appreciate your help

thanks again

Hi,

I was parked in a Retail car park in Livingstone last weekend, didn't pay anything and forgot to look at the signs, just wondering if I'll get anything in the post

If it is the same car park that my friend parked in next to the flooring shop and Marinas chip shop and you were more than 30 mins you probably see a PCN within a week or so

It was outside Debenhams at the Almondvale Shopping Centre, sure it's only for disabled and parents with kids.

My wife was driving so she can ignore them when they write

I think you will be OK there as I am sure it is a pay and display and I do not think that car park has cameras

I think you will be OK there as I am sure it is a pay and display and I do not think that car park has cameras

I'm sure that's where the Christmas Coke Truck normally parks.

Essentially they are relying on your ignorance to make a quick buck. No keeper liability in Scotland so only contract is with driver at the time and they cannot assume that the keeper and driver are the same person. Also there is no tort of trespass in Scotland so the landowner cant claim damages either.

What to do? Ignore them completely. Do not be tempted to argue any points witht ehm as they will then just continue to hound you. If you ignore them and they carry on they face a claim for harassment. You may have cause to complain to the DVLA about releasing your data to them but they try and dodge that issue by giving a stock response so any complaint will be long winded and eventually involve the ICO so if no harm done dont bother

Hi ericsbrother, I apologise for the slow response to your reply this was due to technical issues with my server. Anyway, thank you very much for your wise knowledge of the situation and it is most appreciated. I will be totally ignoring those extortionists. I have already sent a complaint to DVLA but I guess it will be the usual template response but I am happy to take them to task for as long as it takes as I do not see why they should get away with it. Cheers again and keep up the great work.

the DVLA will quote the RTA that allows anyone to ask for keeper details.

However, the access to the KADOE system is different because the parking co's have to give scouts honour that they follow the protocols of the ATA they belong to and can create a keeper liability.

If they abuse this computer access they can be barred from getting any details at all so your question to them should be who has accessed your keeper details and for what reason as the POFA requirements have not been met.

If you get the stock answer you ask again who and why and explain that no keeper liability exists to reiterate the "why are you giving my details to these bandits" point.

If you dont get a satisfactory response you complain to the ICO about the DVLA and if they tell you that Highview have told them they are doing it right you complain again as a separate issue that they are abusing the KADOE access by tellling lies to get information and what are the DVLA going to do about it? (copied to your MP)

In short, it will be at least 3 letters before you get a proper reply to the actual complaint.

I received a PNC from HighView Parking for an overrun of 2 hours at a retail car park in Livingston Scotland.

 

In this particular case I was definitely not the driver and that is absolutely genuine.

I obviously know who the driver is but not about to divulge this information to them.

 

The alleged incident happened on Oct 30th 2016,

their PNC is dated 7th November 2016

and I received the PNC via second class post today 16th Nov 2016 some 17 days later.

 

I thought they only had 14 days for to send this out, but I could be wrong.

Who on earth posts out time sensitive data via 2nd class post, especially at this time of the year?

 

I was wondering where I stand on all of this as they cannot quote PoFA to me as it does not apply in Scotland, or am I wrong about that?

 

I also notice that they state on the reverse that - quote

 

"Where our clients property is located either in England or Wales should your appeal be rejected, we will provide you with full details of how to appeal your notice through POPLA......etc,etc.

 

what happens when their clients property is in Scotland then?

 

One thing I do know is that there is no way they are getting the name of the driver without them coughing up an admin fee for the data. Lets face it, I would be charged if I were to ask for data from any company so as far as I am concerned that works both ways.

 

Any help appreciated.

Hi trickyricky,

I'm hoping you're still around. Can I ask what happened with this please? Did you get passed to a debt collection agency and then threatened with court action? Did you continue to ignore? Was court action taken? Enquiring due to similar issue, same car park. Any info/advice you could offer would be appreciated.

Thank you.

Hi trickyricky,

 

I'm hoping you're still around. Can I ask what happened with this please? Did you get passed to a debt collection agency and then threatened with court action? Did you continue to ignore? Was court action taken? Enquiring due to similar issue, same car park. Any info/advice you could offer would be appreciated.

 

Thank you.

Hello

I haven't heard from them since January this year.

I never ever contacted them,

did not respond to any of their letters at all.

They sent the usual threats which is par for the course

Eventually it did go to a DCA and I got one letter from them saying they were acting on their behalf.

I ignored that as well. Never heard from them since.

In Scotland they would have to prove you were the driver of the vehicle.

By the way, the freedom of information act they use does not apply in Scotland either so if the DVLA give out your details you should complain to them.

I sent a complaint but have never heard back from them.

Silence tells me they know they are in the wrong.

I cannot tell you what to do as this is something you must decide for yourself,

but I as I have said I have NEVER acknowledged one letter that they sent and I never will.

It is not to say they wont try again but they would be wasting their time on me that's for sure.

Hope this helps

Hi trickyricky,

 

I'm hoping you're still around. Can I ask what happened with this please? Did you get passed to a debt collection agency and then threatened with court action? Did you continue to ignore? Was court action taken? Enquiring due to similar issue, same car park. Any info/advice you could offer would be appreciated.

 

Thank you.

need to start a new thread

of your own.

dx

Hello

 

I haven't heard from them since January this year.

I never ever contacted them,

did not respond to any of their letters at all.

 

 

They sent the usual threats which is par for the course

Eventually it did go to a DCA and I got one letter from them saying they were acting on their behalf.

I ignored that as well. Never heard from them since.

 

 

In Scotland they would have to prove you were the driver of the vehicle.

By the way, the freedom of information act they use does not apply in Scotland either so if the DVLA give out your details you should complain to them.

 

 

I sent a complaint but have never heard back from them.

Silence tells me they know they are in the wrong.

 

 

I cannot tell you what to do as this is something you must decide for yourself,

but I as I have said I have NEVER acknowledged one letter that they sent and I never will.

 

 

It is not to say they wont try again but they would be wasting their time on me that's for sure.

Hope this helps

Thanks for the reply. Letter number 3 from DCA saying they are passing back to Highview recommending court action! Not acknowledged any letters or entered into any debate. Just a bit worried now

need to start a new thread

of your own.

 

 

dx

Hopefully ok here as same issue & opening poster has replied thank you.

they cant do anything to you

you are in Scotland ignore!!

as long as the carpark was in Scotland

not where you reside

Car park is in Scotland. I am too.

Thanks for the reply. Letter number 3 from DCA saying they are passing back to Highview recommending court action! Not acknowledged any letters or entered into any debate. Just a bit worried now

The DCA can recommend all they like it wont make any difference. Do not go worrying about it. You parked it in the same place as I did and as I said, it is in Scotland so they have no chance of winning and they know it. They are just hoping that people will bottle it due to all their threats. Just stand firm. Personally, they could go stuff themselves for all I care

Nice one - thank you. Will stick to my guns. Appreciate your time & responses

the DCA's always sign off recommending court action to their paymasters in the hope that you will be persuaded to them pay them some money when they have no legal authority to actually collect it ( see FCA list of licenced money handlers and you wont find these dca's on it).

You must remember, in Scotland the POFA doesnt exist so there is no keeper liability. this doenst mean that parking co's cant offer contracts to motorists, just that if you ignore them there is no comeback on the keeper of the vehicle and no trespass on the land either.

One thing to watch out for though is that the disabled "blue badge" scheme can be enforced on private land in scotland by the local council with the agreeemnt of the occupier of that land so it is possible to get a proper parking ticket in a disabled bay but not a private company "parking charge notice" that is enforceable.

Thank you.

I'm definitely feeling more reassured.

I didn't even realise I was parked in a place where there was a time restriction.

I drove back there the other week to see where the signs were

- they're on the sides of buildings rather than erected at the car park entrance

- I hadn't even noticed them before.

Apparently I overstayed by 9 minutes and this warrants £149.

I never park in disabled spaces and wouldn't have overstayed if I'd realised there were restrictions.

Feel hounded - they've been chasing for about 3 and a half months, and I'd been getting a bit more worried every time a letter arrived. I suppose that's what they bank on though

oh yes that's how 100% of them work

and any powerless DCA's chasing consumer debts too.

they cant actually do anything

they are NOT BAILIFFS

so even though you are in Scotland, and has been explain, you ignore any speculative invoice

another bonus in your story is you only over stayed by 9mins

theres an unwritten rule you always have 10mins grace no matter where you park privately.

dx

Thank you