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#Post#: 30146--------------------------------------------------
Private parking charge - forge retail park glasgow
DIR By: Sopigra2018
Date: July 17, 2024, 5:48 am
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Hi all , wondering if you can help me here with best how to
proceed, will try provide as much information as possible
In 2023 - on 3 separate occasions , March , October and
December , Horizon Parking Ltd based in Chelmsford , England,
have issued me with 3 separate private parking fines
They have now in the space of 4 weeks sent 2 chasers using the
wording:
21/06:'' you may not have responded to previous letters due to
an oversight , if you dont respond you are making an active
choice , we will take this as evidence of your intent not to
pay''
15/07/2024: ''previously, we treated your lack of response as
an oversight , now ,if you dont pay we will treat this as an
active choice ''
Previously i was told to ignore these as nothing can come of it
as they are based in England and cant enforce anything because
of this
im just wanting to make sure this is the case , just for peace
of mind or if someone can give me the best advice on how best to
proceed
the original fine was for £150 but now has risen to £230 and now
threatening legal action
any help appreciated , thanks
#Post#: 30154--------------------------------------------------
Re: Private parking fine - forge retail park glasgow
DIR By: b789
Date: July 17, 2024, 6:13 am
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If you can show me the word "fine" in any of the correspondence
you have received, I will not only pay them for you, I will also
give you £1,000. Please stop referring to them as "fines". They
are not. They are speculative invoices from an unregulated
private parking company for an alleged breach of contract with
the driver.
As you are in Scotland, you can safely ignore, for now, Horizon
and any debt collector letters. Do not engage with them,
especially any debt collectors. Do not, under any circumstances
identify the driver.
There is no keeper liability in Scotland, for the time being.
Only the unknown driver can be liable. Unlike in England and
Wales, under some circumstances, the unknown drivers liability
can be transferred to the known keeper. There is no legal
obligation on the known keeper to identify the unknown driver.
So, for now, in Scotland, you can ignore Horizon or any other
PPC as they cannot hold you, the keeper liable. The burden of
proof is on the to show who was driving. The only person that
can do that for them, is the keeper. Why would you want to do
that?
Even if the drivers identity was blabbed, it is unlikely they
would initiate a Scottish court "simple procedure" claim. There
simply is no money in it for them as a claim for less than £300
does not attract any costs for the claimant if they are
successful.
#Post#: 30313--------------------------------------------------
Re: Private parking charge - forge retail park glasgow
DIR By: manila
Date: July 19, 2024, 2:07 am
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One very important point to bear in mind is that it is possible
for them to take you to court and win, if (a) you admit (e.g. on
social media) to being the driver and (b) the total owed exceeds
£300. One unfortunate Scottish woman was convinced that such
fines were unenforceable in Scotland, and blithely kept parking
where she wasn't supposed to. The parking company took her to
court, won, and were awarded over £20,000.
#Post#: 30315--------------------------------------------------
Re: Private parking charge - forge retail park glasgow
DIR By: DrSatan
Date: July 19, 2024, 2:18 am
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--- Quote from: manila link ---
>
> One very important point to bear in mind is that it is
possible for them to take you to court and win, if (a) you admit
(e.g. on social media) to being the driver and (b) the total
owed exceeds £300. One unfortunate Scottish woman was convinced
that such fines were unenforceable in Scotland, and blithely
kept parking where she wasn't supposed to. The parking company
took her to court, won, and were awarded over £20,000.
>
--- End Quote ---
To add to this for anyone interested as to the why, the £300
limit is the threshold at which scottish sheriff courts can
award costs. So if it's below that amount, the parking company
will have to hire a solicitor and pay them, and even if they win
all they'll get back is the cost of the initial invoice. So they
don't go for court action up here as it'll end up costing them
money.
**IMPORTANT EXCEPTION: Sheriffs can award costs for cases below
£300 if one party has behaved unreasonably. Which is why advice
is generally not to be a dick in proceedings. Angry judges are
not a hornet's nest you want to poke.
#Post#: 30316--------------------------------------------------
Re: Private parking charge - forge retail park glasgow
DIR By: b789
Date: July 19, 2024, 2:48 am
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Also, any claim between £300 and £1500 only allows a maximum 10%
of the claim amount as costs should the claimant be successful.
It will be 8nteresting to see if anything will change
significantly once the Private Parking (Code of Practice) Bill
comes into force. Will there be a separate act or will PoFA be
changed to allow keeper liability north of the border?
#Post#: 30328--------------------------------------------------
Re: Private parking charge - forge retail park glasgow
DIR By: DrSatan
Date: July 19, 2024, 4:21 am
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There's already a separate act
HTML https://www.legislation.gov.uk/asp/2019/17/part/8,
the
provisions relating to keeper liability just haven't been
enacted yet.
At first glance it looks broadly similar to PoFA, but smarter
people than me will be able to check for differences.
#Post#: 30335--------------------------------------------------
Re: Private parking charge - forge retail park glasgow
DIR By: b789
Date: July 19, 2024, 4:48 am
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I’d better get studying it then. ???
#Post#: 30340--------------------------------------------------
Re: Private parking charge - forge retail park glasgow
DIR By: b789
Date: July 19, 2024, 5:08 am
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Why on earth did the “Dear Leader”, who so vehemently wants
Scottish independence, agree to adopt an English law that
uniquely removes a common law right that allows a third party
who has not agreed to a contract to be liable for the terms of
that contract?
Knowing the corrupt background that most of these cowboy private
parking firms originated from, you have to wonder how they
managed to lobby for this uniquely English law to be adopted in
Scotland. Was the “Dear Leader” easily influenced, possibly by
financial incentive?
#Post#: 37029--------------------------------------------------
Re: Private parking charge - forge retail park glasgow
DIR By: tharg
Date: September 16, 2024, 7:02 am
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--- Quote from: b789 link ---
>
> Why on earth did the “Dear Leader”, who so vehemently wants
Scottish independence, agree to adopt an English law that
uniquely removes a common law right that allows a third party
who has not agreed to a contract to be liable for the terms of
that contract?
>
> Knowing the corrupt background that most of these cowboy
private parking firms originated from, you have to wonder how
they managed to lobby for this uniquely English law to be
adopted in Scotland. Was the “Dear Leader” easily influenced,
possibly by financial incentive?
>
--- End Quote ---
For once I don't think this was anything to do with her.
As far as I can tell the POFA type sections were never part of
the original bill or noted in the request for comments from the
public.
They suddenly appeared as if by magic from a committee at a very
late stage. Seems to be no note of who introduced the thought to
the committee.
i.e. There was no way for concerned citizens like ourselves to
make it clear to MSP's what a can of worms they were opening up,
how hard it would hit their constituents and how much it would
clog up the courts.
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