ECP PCN ANPR - City Quay, Camperdown Street, Dundee, DD1 3JW

[wednesdayweek]

Hi

 

Based on general feedback from this site, I have been ignoring the ever increasingly threatening PCN letters relating to an alleged parking infringement by my vehicle. 

 

 I was not the driver when this is offence is alleged to have occurred.   I could probably guess who was driving but I'm unwilling to disclose.  I am now on my 3rd NTK letter (2 from 'euro car parks' and now 1 from a 'debt recovery plus' - now looking for £170. 

 

Similar thing happened a car I owned several years ago with the same company - I ignored about 8 letters and they eventually lost interest.  This time around however I'm reading about the new Motoring Scotland Act 2019 which as I understand has been "partially enacted".    There is a very well reported case here about a woman who was successfully sued for £24K by the same company (also in Dundee) but that was exceptional abuse over a sustained period.   

 

My question is therefore - has the legal landscape changed here and should I continue to ignore.   My gut was to write to them informing I was not driving and maybe asking for additional evidence to see if they can determine who was driving.

 

Details as follows:

1 Date of the infringement

14/06/2021
2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

22/06/21
3 Date received

24/06/21
4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Don't think so
5 Is there any photographic evidence of the event?

Yes - appears to picture of my reg entering and leaving the car park 
6 Have you appealed? [Y/N?] post up your appeal]

No
6b Have you had a response? [Y/N?] post it up

N/A
7 Who is the parking company?

Euro Car Parks 

8 Where exactly [carpark name and town]

City Quay, Dundee
9 For either option, does it say which appeals body they operate under.

BPA
 

All and any help and advice is greatly appreciated.

 

Cheers

Wednesday-week 

 

wednesdayweek(1).pdf

Edited September 2, 2021 by FTMDave
PCN no showing

[honeybee13]

Hello, welcome to CAG.

 

I expect people will be along to comment later, please bear with us until they're able to get here.

 

Would you be able to confirm the postcode of City Quay for us please?

 

Best, HB

[wednesdayweek]

Good point - the full address is City Quay, Camperdown Street, Dundee DD1 3JW

 

[honeybee13]

Thank you, I'll amend your thread title.

 

HB

[honeybee13]

Apologies, there seems to be a glitch that's stopping me changing your thread title. I've asked for help with this, please bear with us.

 

HB

[FTMDave]

You've done exactly the right thing.  There is no POFA in Scotland so they can't transfer responsibility from the driver to the keeper.

 

Debt Recovery Plus have no power to do anything as it's not their debt, let alone to add £70.  It's just bluff.

 

Keep on ignoring them - but come back here if they ever send a Letter Before Action/Letter Before Claim.

 

BTW, you've left their PCN number showing in their second paragraph, you might want to redact it.

[dx100uk]

As long as you do not move without telling them ignore everything bar a simple procedure claim from a Scottish court (pigs don't fly).

 

there is no pofa2012, the enactment was not part enacted, there is no trespass in Scotland.

 

it is worthy to not that £24k case was lost because it was defended wrongly.. Thats all.

 

DX

[wednesdayweek]

Thanks for the responses - really appreciate it.

How do I remove/amend the uploaded doc ? 

WW

[FTMDave]

It's OK, I've done it.

[wednesdayweek]

Thanks

 

[lookinforinfo]

Your PCN which is called a Notice to Keeper looks as if it has been abbreviated as there appears not so many words as in most NTKs. This may be because they have a different format in Scotland. If that is the case it does mean that you must be specially careful not to reveal who was driving.

The PCN as it stands is not compliant with PoFA which means they can only pursue the driver and if they cannot find out who was driving they are unable to transfer the liability to the keeper as they can in England. Which means that you cannot be liable for the alleged debt but whoever was driving would be liable.