PCN - Group Nexus - Scotland - Debt Collectors

[Niceday24]

Hello, I am looking for advice regarding a Parking Charge Notice from a car park in Scotland. The letter was issued by Group Nexus. I was not the driver but I am the registered keeper.

 

The date the vehicle was in the car park was 17/07/21. The first letter was dated on 26/07/21 although it took about 2 weeks after this to arrive.

 

Two more letters arrived, dated 12/08/21 and 01/09/21. After this I received two debt collector letters from Debt Recovery Plus saying this will recommend 'our client that they take court action against you.' The second letter started with the title, 'Notice of intended Court Action' however again later in the letter says we will recommend our client takes legal action.

 

I wanted to check should I respond at this point, is this a letter before action or am I right that this needs to come from the original company not the debt collector?

 

I also wondered whether anyone had an update on the keeper liability law in Scotland, I am aware this was going to be added into a bill?

 

Thanks

[FTMDave]

As far as we know, the keeper liability law hasn't been enacted yet in Scotland, so you're in the clear.

 

Just ignore DRP and similar, they have no power to do anything because it's not their debt.

 

What they have sent you isn't a Letter Before Action, just ignore correspondence until an LBA arrives from Group Nexus, if it ever does.

 

Please fill in the forum sticky:

 

 

[dx100uk]

there is no such thing as Pre action protocol in scotland so now letter of claim will come.

 

simply ignore everyone, there is no such thing as tort of trespass in scotland and as pointed out by ftmdave pofa2012 doesn't apply either.

 

dx

 

[FTMDave]

18 minutes ago, dx100uk said:

there is no such thing as Pre action protocol in scotland so now letter of claim will come

Didn't know that dx.  But now I do!  Thanks.

[lookinforinfo]

All you have to do is not to reply to any letters from them and do not let them know who was driving. That way they can huff and puff as much as they want but they cannot take you to Court . Once they know the diver they can take them to Court not can they transfer liability to the keeper.