Parking Charge Notice in Scotland

[red.ninja13]

Hey is the deal still the same for Scotland?

 

I'm about to write a letter for a ticket telling them to shove it, but want to make sure i'm not going to shaft myself. I am not the driver, just the registered keeper, I don't even have a driving license. Also the fine is for parking in a disabled bay when that was the only bay available to unload the van for a delivery to the shop. Seems pretty ignorant of the parking attendant to ticket for that.

 

Just want to make sure there is no dodgy Scottish law that says I have to pay it, had a quick scout on the internet but cant find anything.

 

Also this ticket says "PCN" isn't there legislation about making their ticket look like a PCN illegal?

[DBC]

It's not a fine! As this is in Scotland ,so not subject to POFA, then the the RK is not responsible for the charge and is not obliged to name the driver. Glad you spotted that "PCN" trick. This just one example of private parking companies trying to fool people into thinking that their toilet papare is some sort of official document.

[dx100uk]

ignore!!

 

dx

[Crocdoc]

Most certainly no dodgy laws , the following may assist if it is your intention to respond. (some do some don't)

 

I refer to your invoice dated the xxxxxx

In response, I would ask you to note the following.

The registered keeper/owner of a vehicle is under no obligation whatsoever to provide details of the driver or any other information to a commercial company of no legal status of any description. (Scottish Jurisdiction).

 

In addition, liability for payment could only be determined by a Sherriff under Scottish Civil Law and such demands should not be confused in any way with Penalty Charge Notices issued under the terms of a Road Traffic Order.

 

Furthermore,, where a ticket has been issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, the driver could argue that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

What the regulations state

 

A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

 

A term shall always be regarded as not having been individually negotiated when it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

The previous paragraphs are also supported by the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract

 

Transferral to a debt collection agency and the threat of additional charges is also in my opinion questionable for the following reasons taken from the Office of Fair Trading Debt Collection Guidance.

 

2.6 Paragraph H.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money.

 

2.8 Paragraph A

Sending demands for payment to an individual when it is uncertain that they are the debtor in question.

 

2.8 Paragraph J

Requiring an individual to supply information to prove they are not the debtor in question.

In Conclusion, the contents of this correspondence should not be considered as a letter of appeal, but as total denial of liability..

 

I hope this clearly outlines my position.

 

Yours faithfully

 

[red.ninja13]

Excellent, I love using the OFT guidelines, one of my favourite party tricks.

 

That's pretty must the jist of what I was going to say, only far more formal.

 

I need to reply to it due to the house I'm living in not being mine etc etc.

 

Just going to nip it in the bud before I get in trouble from the house owner (my aunty!)

Plus I like putting these cretins in their place

 

Can anyone remember if it's actually illegal for them to disguise it as a PCN or if it's allowed?

I had stuff saved on my laptop but it died!

 

I'm sure it was something I read about disguising debts to look like they have more authority then they do?

 

I want to wing this at them as my final nail on the coffin