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    • Hi all,   Background - after a boozy Christmas pub-crawl in Kirkcaldy with friends my wife came to get me in my car to kindly pour me home. :-)     Weeks later I got a letter (as the registered keeper of my car) advising that it was parked in a private car park (Nicol Street, Kirkcaldy) at 7.41pm on 27th December and asking me for £160! (£100 fine and £60 "debt collection fee"). This was the first contact and the car never got a ticket as it was at night and over the Christmas holidays and dark - my wife and I were unaware that this was a private car park and she was only there to collect me.   I ignored it.   Today I received a Demand Before Court Action letter for £160 - only the 2nd bit of correspondence and some 6 and a half months after "the event". They are using Pollock Fairbridge Schiavone solicitors and stating their clients "have not heard from you (me) regarding payment".  I'm the owner of the car but not the driver who put it there so I have indeed never contacted them.   Am I correct in thinking: a) I am under no obligation as the Registered Keeper to respond? b) I am not required to respond as the driver technically commits the offence, not the car? c) I am under no obligation to disclose who was driving? d) They have no right to get my details from the DVLA? e) The Protection of Freedom Act 2012 does not apply in Scotland? f) As a one-off event where no damage was made trespass on this land is not appropriate?   Do I continue to ignore this?   Thanks in advance for any advice.        
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    • Well done! This is more than likely the end of it, but you should check with the court at some stage that they've officially discontinued.   They can still chase you for the debt, and they might, but you can just ignore. If they were to issue proceedings again, you can refer to this case in your submissions - it won't reflect very well on them if their case is similar to this time. The chances of them trying again are probably slim though.
    • Send the AOS immediately with intention to defend.  Monitor this thread for a fuller reply lster or tomorrow
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sarajulldin

need advice on how to tell solicitors to do one ! lol

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Hi,

 

I got solicitors asking for £49 for costs of something he had no authorisation to do, we changed the names on house deeds and asked him for a quote of which he provided and found someone else cheaper.

 

now hes demaning the £49 to be paid cause he did some work, even without my signature on anything.

 

hes taken 33 days to reply and just by saying we did give permission, of which i have asked twice for evidence and of course he does not have it and would have provided.

 

now i want to threathen him with harrassement, what do i mention? found the letter about harrassement by telephone, is it the same?

 

thanks in advance

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this is what i have come up with:

 

Good Evening,

 

Firstly I am amused that it has taken you 34 days to reply to my last email to you, and your reply once again does not provide what we have been asking for from the start. But let me please repeat myself, to clarify, until such paperwork is produced which contains our signatures; the payment of £49 will be withheld. If you do not have this evidence then pursuit of the amount must seize immediately. The fact that up to now you have not provided it, it shows clearly that no such documentation exists.

 

If you continue to pressure this matter without providing the requesting documents then you are in breach of the Protection from Harassment Act 1997 and if you continue I will put forward a claim of harassment. I am sure you are aware of what the act clearly states.

 

I also request that all correspondence is sent to me directly.

 

I look forward to a reply within 7 days and confirmation that you will seize from chasing this payment.

 

Yours Sincerely

 

Saraj Ull-Din

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there was no contract between you two therefore he can not claim any fee, just ignore and warn him once or threaten him with injunction if he persist. good luck

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