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Hi,

 

I have been receiving letters from a debt collection agency on the back of a parking violation in braehead retail park Scotland. I have been given a last opportunity before court proceedings.

 

I have never replied or disclosed myself as the driver.

 

What can I write to make them go away before they raise any court action.

 

Would appreciate latest advice and a letter template.

 

 

 

 

 

Kind regards

 

 

Followufollowme

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please read and respond to this posting the questions and your answers back here

particularly the last bit...

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

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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Others more knowledgeable than me will be on later, but as far as I know debt collection agencies have no power to do anything, although they will try to con you that they can. Plus, POFA doesn't apply in Scotland so the parking company can't come after the keeper, just the driver.

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In Scotland there is no keeper liabilty and the POFA that allows for one to be created isnt law.

 

 

This means that any claim has to be for a breach of contract and thus they must identify the person who they have entered a contract with.

 

 

Presumably they didnt ask for your name and got you to sign an agrement with them when you parked then they are stuffed as they cannot assume that the driver and keeper are the same.

 

 

Also, the laws of trespass in Scotland are different so you can refuse to consider their contract and not be chased for damages for trespass.

 

As you have merely got a letter from a debt collector then you can ignore them,

they have no power anywhere in the UK to actually do anything,

they are just paid to send out scary letters and they bank on people thinking that dca's are the same as Bailiffs whe they are not.

 

 

Last opportunity?

They ahve spent the £15 they were given and will now go quite more like.

 

If the original parking co wants to lose some money they may threated legal action themselves but that is easily defeated and you can sue the for harassment and breach of the DPA for accessing the DVLA computer system without good cause to do so.

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PARKING CHARGE

 

For windscreen tickets (NTD) please answer the following questions.

1 The date of infringement? 17/10/2016

 

2 Did you appeal to the parking company? NO

If yes, has there been any response?

If no, have you received a Notice To Keeper? (NTK) Did the NTK provide

photographic evidence?

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act

2012 (PoFA)

 

No. Not on the windscreen NTD. Sort of on the NTK.

Never quoted the PoFa or the section 4 verbatim.

 

4 If you appealed after receiving the NTK, did the parking company give

you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever

the circumstances]

 

5 Who is the parking company? UKPC

 

For tickets received through the post (Notice to Keeper) please answer the

following questions.

1 Date of the infringement 17/10/2016

2 Date on the NTK 18/11/2016

 

3 Date received No envelope to verify date. Soz.

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act

2012? As above. Mentions Sort of on the NTK. Never quoted thePoFa or the section 4 verbatim

 

5 Is there any photographic evidence of the event? YES

 

6 Have you appealed? IGNORED

Have you had a response?YES

 

7 Who is the parking company? UKPC

 

For either option, does it say which appeals body they operate under.

There are two official bodies, the BPA and the IAS. If you are unsure,

please check here BPA

 

If you have received any other correspondence, please mention it here

 

Letter 2

DRP. (Debt Recovery+). 5/1/17. NOTICE OF INTENDED COURT

ACTION AND GIVEN UNTIL 19/1/2017 or they will pass file toclient with a recommendation for court action

IGNORED

Letter 3.

DRP. Recommending client appoint their solicitor to recoverdebt. Stating no reply and that I hadn't stated I was not liable.

Demonstrating they have done everything possible to settleout of court. Pre-Action protocol. FINAL CHANCE TO PAY

LETTER and that they would give me extra time to pay up to3/2/2017.

*No other correspondence to date.

 

Would it be prudent at this stage to send a letter confirming that I was not the driver and would defend any court action.?

 

E.g.

 

Letter to parking co.

 

Dear Sir/Madam

 

Your Ref: ***********

 

I refer to your letter dated ***.

 

I have no intention of paying the money demanded by your client and any court proceedings will be vigorously defended.

 

You should note that this charge is denied in its entirety and you must now refer this matter back to your client and cease and desist all contact with me.

 

I will not respond to any further communication on this unless it comes from a court.

 

I trust I have made myself clear.

 

Yours faithfully

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IMHO no you are in Scotland ...end of the issue.

 

there is no tort of trespass .. ref right to roam act under Scottish law

 

there is no keeper liability under pofa in Scottish law

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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Share on other sites

note the dca says "recommendation of court action"

 

yeah, I recommend that you use colgate toothpaste but that doesnt give me any rights to sue you if you dont and the same applies here.

 

there is no debt and even if their was they dont own it so cant do anything.

 

dont bother writing to a dca,

they wont take any notice of you until they ahve spent the £15 they ahve been paid to send out threatograms.

 

If you do write they believe that you are more likely to believe their fibs and pay up eventually.

 

UKPC are out and out bandits but they dont sue in Scotland, even they are not that stupid

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