Parking Charge Notice from APCOA & Rocburghe HELP!!

[ldx]

APCOA own the car park at the hospital I work in,

 

to park in these spaces you require a permit but

 

I heard from other staff that they have all received letters through about parking in these spaces and nothing has ever came of it.

 

In January of this year, I parked in one of these spaces and

 

received a parking ticket

 

however I took my colleagues advice and never paid this.

 

A few months ago I received a letter through which has photographs of my car on it asking for the money, I also ignored this.

 

Today I received a letter from Roxburghe (Debt Collectors) asking me to pay £91 within 10 days!!

 

I really do not want to pay this,

 

will they take me to court?

 

or what will happen if I don't pay it?

 

Ps I live in Scotland and this is an English company.

[dx100uk]

they can do nothing

 

end of.

 

they are NOT BAILIFFS

 

when was this from please

[ldx]

they can do nothing

 

end of.

 

they are NOT BAILIFFS

 

when was this from please

 

This was in January I parked in the space, they contacted my via letter asking me to pay in march and today was my first letter from roxburghe

[havinastella]

Moved to correct forum.

[havinastella]

As you are in Scotland you can ignore them completely, or have a read

 

I refer to your invoice dated the xxxxxx

 

In response, I would ask you to note the following.

The registered keeper/owner of a vehicle is under no obligation whatsoever to provide details of the driver or any other information to a commercial company of no legal status of any description. (Scottish Jurisdiction).

 

In addition, liability for payment could only be determined by a Sherriff under Scottish Civil Law and such demands should not be confused in any way with Penalty Charge Notices issued under the terms of a Road Traffic Order.

 

Furthermore,, where a ticket has been issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, the driver could argue that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

What the regulations state

 

A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

 

A term shall always be regarded as not having been individually negotiated when it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

The previous paragraphs are also supported by the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract

 

Transferral to a debt collection agency and the threat of additional charges is also in my opinion questionable for the following reasons taken from the Office of Fair Trading Debt Collection Guidance.

 

 

2.6 Paragraph H.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money.

 

2.8 Paragraph A

Sending demands for payment to an individual when it is uncertain that they are the debtor in question.

 

2.8 Paragraph J

Requiring an individual to supply information to prove they are not the debtor in question.

 

2.10 Paragraph B

Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. .

 

I am also aware that I am under no obligation to engage in any way with debt collection agents.

 

In Conclusion, the contents of this correspondence should not be considered as a letter of appeal, but as total denial of liability..

 

I hope this clearly outlines my position.

 

Yours faithfully

[i hate bailiffs]

I bet they do not OWN the car park

[ldx]

Thanks for the advice, I will not be giving this company any of my money!!

[ericsbrother]

As you are in Scotland the law allowing a company to pursue the keeper of a vehicle doesnt apply so DO NOT contact these people in any way. As debt collectors they have no powers and certainly cant add anything to a debt for themselves but they always do and rely on ignorance to get away with it.

The laws of trespass are different in Scotland as well so they wont be going down that path. It is for the parking co to claim for any contractual loss from the driver of the vehicle at the time and you dont know who that is, you are not obliged to help them identify the driver and that any continued attempt tp recover monies that are not your debt or are disputed can result in both prosecution and a civil claim for harassment.

They will most likely give up after a couple of letters so dont worry yourself over this unduly.