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ANPR PCN - Nicol Street, Kirkcaldy Scotland - Demand Before Court Action - Pollock Fairbridge Schiavone solicitors


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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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you are in Scotland 

there is no such thing as trespass not POFA.

 

ignore them.

 

and IT IS NOT A FINE

 

dx

 

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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  • dx100uk changed the title to ANPR PCN - Nicol Street, Kirkcaldy Scotland - Demand Before Court Action - Pollock Fairbridge Schiavone solicitors

Now in scotland there is no keeper liability so accessing the DVLA database to get the keeper details is more likely than not unlawful.

 

No such thing as trespass so they have to prove that the driver agreed to the contract offered and then breached it.

 

Usually we say to ignore but as you have a letter before claim it is worth responding.

 

I would say the following:

Dear sirs,

Please tell your clients that I was not the driver at the time so there is no cause for action against me.

Furthermore the processing  and retention of my personal data without a keeper liability and my permission is unlawful under the GDPR so if your client wishes to continue with this lost cause then I will sue them for damages for the breach of the GDPR as per VCS v Phillip, Liverpool CC dec 2016.

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