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#Post#: 36819--------------------------------------------------
Re: P4Parking / TNC PPC - No Permit - Leith, Edinburgh
DIR By: b789
Date: September 14, 2024, 5:28 am
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They don't know the drivers identity and you are under no legal
obligation to identify anyone to an unregulated private parking
company. There is no Keeper liability in Scotland. They cannot
rely on PoFA to transfer liability from the unknown driver to
the Keeper.
They will not do anything. They have no jurisdiction and the
cost of them trying to take you to court is just not cost
effective for them as in Scotland, they cannot recover any fees
for a claim under £300 and even if it were more than that, only
10% of the claim amount.
They are simply hoping you are low-hanging fruit on the gullible
tree and will capitulate and pay them at the threat of
litigation.
Nothing has changed for Scotland... for now. When the Private
Parking (Code of Practice) Act 2019 is fully enacted, then PoFA
(or the Scottish versions of it) will become a fact of life.
Thanks to your Dear ex-Leader, the Scottish people will soon be
the victims of an aberrant law unique to England and Wales —
PoFA. Despite centuries of legal tradition, going back as far as
the Magna Carta, where individuals could not be held liable for
contracts they never entered into, Scots will soon find
themselves bound by a Scottish version of PoFA. This law
introduces vicarious liability in contract law — something
almost unheard of around the world. So why did the Dear
ex-Leader agree to bring such an unprecedented and out-of-step
piece of legislation to Scotland that disposes privity of
contract? Quite the ironic legacy for someone who claimed to
champion Scottish independence.
Anyway, continue to ignore the useless debt collecting attempts.
Nothing will come of it.
#Post#: 36839--------------------------------------------------
Re: P4Parking / TNC PPC - No Permit - Leith, Edinburgh
DIR By: range23
Date: September 14, 2024, 8:50 am
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Thanks, that's what I thought. Do you think it's worth sending
off a response to the letter before claim stating that as the
registered keeper I'm not liable for the parking charge unless
they can identify the driver? or do you think that'd do more
harm than good?
I read that not sending a response to a letter before claim
within the time window can allow them to ask the court to
automatically presume liability? But as you said I guess it's
unlikely that it'd actually get that far.
#Post#: 36843--------------------------------------------------
Re: P4Parking / TNC PPC - No Permit - Leith, Edinburgh
DIR By: DWMB2
Date: September 14, 2024, 8:57 am
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--- Quote ---
> I read that not sending a response to a letter before claim
within the time window can allow them to ask the court to
automatically presume liability?
--- End Quote ---
Where did you read that?
#Post#: 36848--------------------------------------------------
Re: P4Parking / TNC PPC - No Permit - Leith, Edinburgh
DIR By: range23
Date: September 14, 2024, 9:20 am
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--- Quote from: DWMB2 link ---
>
> [quote] I read that not sending a response to a letter before
claim within the time window can allow them to ask the court to
automatically presume liability?
--- End Quote ---
Where did you read that?
[/quote]
Ahh sorry just had another google and I've misread it. Think it
was talking about when you've been served an mcol which doesn't
apply in my case since I'm in Scotland and it would be a simple
procedure.
#Post#: 36852--------------------------------------------------
Re: P4Parking / TNC PPC - No Permit - Leith, Edinburgh
DIR By: b789
Date: September 14, 2024, 10:02 am
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My advice is to simply ignore it. Do not waste your time or
energy. Let them waste their money on postage. Use the letters
as kindling or to line the bottom of a cat litter tray.
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