Scotland private parking question

[janis6670]

My partner received a "fine" from one of these companies for overstaying in a free Pets at Home car park.

 

 

Initially requested to pay £60 which would increase if not paid.

 

He has appealed this charge quoting information from CAB and requesting a breakdown of how this sum is reached.

 

 

He also requested to know who is the landowner.

 

As expected, his appeal was rejected,

but they also refused to provide a breakdown of charges and the name of the landowner.

 

numerous emails have passed back and forth requesting higher appeal rights and more information--- all refused.

 

They are now telling him that the amount has increased to £120.

 

I have told him to ignore but he is getting twitchy about it.

 

 

any suggestions please?

 

Please note that we are in Scotland so no POPLA

[renegadeimp]

Completely ignore if youre in scotland. They cant touch you. Doesnt stop them trying though.

 

Which PPC is chasing you?

[dx100uk]

there's no law of trespass in scotland

 

 

ignore the silly buggers

 

 

dx

[armadillo71]

Which PPC and has the driver been identified in the appeal?

[janis6670]

that's what I keep saying. cant remember offhand which company. is there any way to make them stop

[havinastella]

that's what I keep saying. cant remember offhand which company. is there any way to make them stop

 

 

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.

 

2.10 Paragraph B

Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. .

 

I am also aware that I am under no obligation to engage in any way with debt collection agents.

 

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

[janis6670]

Thanks for that. I will certainly give that a go.

[renegadeimp]

It will work. If the ppc are stupid enough to ignore then we can tell you the next step to take.

[ericsbrother]

the reason thwe company have refused to consider an appeel is because as the law in Scotland doesnt grant them any rights to pursue you they will automatically lose and they know it. They are relying on ignorance to kid people into paying money that can never be owed so they will always bluster or ignore your requests. A response such as the example above should see then end of the matter. If they still keep demanding money then a letter warning them that you consider their actions to be harassment as per Ferguson v British Gas and you may take further action without notice if they dont desist.

[queensclose]

you could have living on mars and the in question was exported two years ago to japan at the time of the alleged parking. your appeal would have still been rejected