Private Parking TPS .Dunelm car park in Kirkcaldy Fife Scotland

[leven]

This is my first time on this website so please allow for some mistakes which I may make.

 

Today 18th of April 2016 I received a notice of a parking charge from TPS .

 

They rightly state I had parked in the Dunelm car park in Kirkcaldy Fife Scotland for three hours and three minutes.

 

Is this charge notice legal as pensions do not go a long way in this day and age.

 

Should I just pay the initial asked for sum of £40 before they put it up to £70

or can I fight the charge notice.

 

Any advice at all would be really helpful.

[dx100uk]

ignore totally

there is no tort of trespass etc in Scotland

implied contract laws etc

 

 

nothing they can do to you whatsoever.

[leven]

Many thanks for your prompt reply. Should I respond to them in any way or ignore the letter.

[dx100uk]

totally ignore

and the scary DCA letters

thy are not bailiffs

and have

NO SUCH LEGAL POWERS

[renegadeimp]

Ill second what dx says. They can NEVER touch you in scotland. Infact, i would complain very loudly to the shops there and to local newspapers that this company are effectively extorting money from unsuspecting shoppers.

[ericsbrother]

was this a ticket slapped on your vehicle? If so ignore and wait and see if they write to you as the keeper of the vehicle.

 

 

If they do that then you have grounds to make a complaint as they have no authority right

or reason to obtain the keepr details from the DVLA

as the law they would rely upon isnt on the statute books in Scotland and they know it.

[leven]

No ticket just a letter out of the blue.

[ericsbrother]

even better, they have already shot themselves in the foot.

Do not respond to the letter but if you are worried they may continue to bother you

then tell us the date of the event they refer to

and what the supposed breach of contract was (as per letter)

and we will advise you on any other errors they may have made.

[leven]

The date was 07/04/2016.

 

 

Quote: The recorded duration of the stay was 3hrs 3mins and the vehicle contravened the terms and conditions displayed on the signage.

 

 

They do state that they checked the vehicle details with the DVLA.

If I pay by the 29/04/16 it will cost me £40.

 

 

After that if not within 28 days it goes up to £70 plus another charge of £40 for debt recovery costs.

Sorry to go on about this but it's a first for me

(I'd be better leaving the replies etc to the grandchildren ).

[dx100uk]

ignore its Scottish

 

 

dx

[ericsbrother]

Perfect! ANPR.

 

 

They dont have a leg to stand on,

they cannot identify the driver,

they have abused their access arrangements to the DVLA database

and as said before,

they cant use the POFA to create a keeper liability as there is no such law in Scotland.

 

Ignore them and then ignore them some more.

 

IF they are stupid enough to want to start legal action by way of a letter before action

then come back here and we will suggest a short response.

 

 

Other than that, ignore any letters from

them,

dca's,

solicitors acting as unlicenced debt collectors

and anyone else who sends a threatogram.

[ericsbrother]

an important note- the DRIVER contravened the conditions, not the vehicle. They havent identified the driver and they cant ask you to do so as they have no lawful reason to contact you.

[leven]

Thankyou for all the advice. I'll sit tight and see what transpires but thanks again for all your help

[renegadeimp]

Eric, its scotland. They cant touch him period.

[ericsbrother]

Renegade,

contract law applies to Scotland and NI whereas the POFA doesnt.

 

 

IF they can prove who the driver was at the time (without relying on keeper details and probability)

then they can enforce the contractual terms.

 

 

However, in Scotland property law is different to the rest of the UK and likewise no such thing as trespass

that means the parking co will find it impossible to show an assignment of rights from the landowner

(most land held on liens, which are like leases in perpetuity)

and cannot claim damages for trespass for anyone ignoring their silly signs.

 

As long as the OP doesnt contact or respond to them in any way

then they have no chance of getting a penny.

 

 

My point about the driver is that only that person was ever in a position

to read and consider the contract offered by their (probably illegally sited) signs

and referring to the vehicle in a personal tone or as an entity is misleading.

 

 

This means that the OP when saying they rightly said he parked for 3 hrs+ is incorrect,

the vehicle was observed passing a camera with a lapsed time of 3hrs +,

 

 

they dont know anything about how long the vehicle was actually parked

nor who was in control of it at the time

and cant properly make any inference or assumptions,

which they have to send out their begging letter.

[leven]

That's great, I can't thank you enough for all the advice I have been given and will certainly follow all the advice I have been given, mainly don't reply. It's good to know that there are still people going about willing to help others.

[leven]

That's the second letter arrived. A 'Charge Notice Reminder' Charge now £70. As advised I won't reply.

[ericsbrother]

good, we need the trees saved.

[leven]

Third letter arrived. Now £110 with a warning that a debt collection agency could be used to collect any outstanding amount.

[dx100uk]

no such thing as DCA's in Scotland

but anyway

they don't have any powers

they are not bailiffs.

and we don't have those in scotland either!!

[ericsbrother]

If you are lucky you will get the fouth and final letter where they say that your granny's soul will be sold to the devil unless you gibe them £190 and after that some other twit will write and tell you that they can buy your granny's soul back for a mere £120 if you pay them within the next week.

[leven]

Works for me. Ta.