Almondvale Parking charge but live in NI

[bex07vn]

Hi all,

 

I know this has been covered a lot over the years however I couldn't find a thread with a person who was/is in the same position as myself.

 

I received a PCN last year for overstaying 45 mins in a free car park at the Almondvale car park in Livingston last Aug 2017.

I am from Northern Ireland and my car is registered in NI but I was working in Scotland at the time.

 

I thought the car park was free and didn't know about the 2 hour time frame.

As my work colleague had received the same fine several times for different occasions and ignored it I thought it was ok to do the same.

 

The letters from high view stopped for months but just 2 weeks ago I received my first letter from Debt Recovery Plus.

 

Now I know from the previous threads DRP themselves cannot do anything and I have just received a 2nd letter form them with big angry bold type doing the usual saying they will advise their client to take court action.

I have never contacted any of the firms and continue to ignore them.

 

My question is if anyone who lives in Northern Ireland has been in the same position and what have they done about it and what has been done to them?

 

My understanding is that Northern Ireland is similar or the same as Scotland when it comes to private parking charges?

 

The letters were all sent to my parents address in NI while I was working in Scotland.

 

All help gratefully received and thank you in advance.

[DragonFly1967]

No keeper liability in Scotland or NI. They don't stand a chance unless they know who was driving.

 

It's all hot air. Ignore away to your hearts content

 

 

Oh, and it's not a fine. Calling it that just gives it more credence than what it actually is, especially in your case: Waste paper

[bex07vn]

Thank you for your quick response. This makes me feel better. Do you know if they have ever taken anyone to court over these or is all just to blow smoke up ppl?

If I am the only registered keeper though and the only person on the insurance does that make a difference?

[DragonFly1967]

The only time that a PPC has ever really taken anyone to court (for Scottish or NI parking) is if they know the identity of the driver. Without that a case is a complete non starter.

 

The vehicle keeper isn't liable (via transfer of liability) as there is no such thing as POFA in Scotland or NI. So they MUST know who was driving before they can ever hope to try and make a claim.

 

So yes, it's just smoke blowing

 

 

Just because you're the only person on your insurance doesn't make any difference. Apart from the fact that the PPC has no rights to know or find out who is named on your insurance policy, anyone with their own fully comp insurance (providing their cover extends to it) is insured to drive your vehicle with your permission on their own insurance policy. So the fact that it's only you on your insurance makes no difference at all. I'd be insured to drive your car providing that you'll lend it to me.

 

Is it a nice car? Can I borrow it?

[bex07vn]

Yes take it! I wish i had never got to the stupid shopping centre in the first place! At least Dick Turpin wore a mask!

[DragonFly1967]

At least Dick Turpin wore a mask!

 

That's the crux of it. It really is legalised highway robbery. Especially when they're trying to get money from someone that isn't liable to them.

 

 

Just don't ever tell them who was driving and eventually they'll realise that you're not just another mug that's going to roll over and pay them lots of money and they'll give up on you to try and find an easier mark to fleece.

[ericsbrother]

Scots law applies even if you lived in Uzbekistan so being in NI is irrelevant but you might want to remember that in NI clamping is still legal.

 

Likewise your insurance. I can drive yur car on my insurance with your permission, a police officer can move the vehicle or order someone else to move it if they deem it necessary or a soldier can drive it if they are instructed to by a superior officer and they dont need insurance or permission so it doesnt automatically mean that the driver at the time was you and anyway the parking co wont have any details about who is or isnt insured to drive, they have a camera that tales pictures of number plates so the car could have been a hire car with hundreds of different drivers as far as they are concerned.

 

As you have so far ignored them continue to do so. They know that they wont ever win a court claqim because they have no legal reason to ask for your keeper details so hope that you are worried or daft enough to pay up or at least say "yes it was medriving and I admit enetering into a contract with you"

Edited March 22, 2018 by honeybee13
Paras

[bex07vn]

Thanks for your information.

I've just received another letter from DRP with HUGE bold type saying "INTENDED COURT ACTION' then further down the line it says 'they will instruct their client to take me to court if i don't pay".

I feel like taking them to court for harassment!!

[ericsbrother]

because there is no keeper liability you CAN take the to court for breaching the DPA as they would have no reasonable cause to obtain your keeper details and this is a breach of their contract with the DVLA.

DR= are just a bunch of rentathreats and can be ignored like all other dca's