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    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
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Parking without permit....7 months on!


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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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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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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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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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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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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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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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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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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...
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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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...

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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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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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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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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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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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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