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#Post#: 37197--------------------------------------------------
PCN in Scotland
DIR By: jft91
Date: September 17, 2024, 8:26 am
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Hello, looking for some help. I've had a PCN through from a
company called Civil Enforcement for 'Payment not made in
accordance with notified terms'. I pulled into the car park,
finished a phone call and then made my way to the parking meter
to pay for a ticket. The ticket machine was out of order, so
therefore I couldn't put my registration plate in or anything to
pay for a ticket. I walked back to my car and left. The total
duration I was in the car park was 14 minutes. I have a photo of
the machine showing the 'out of order' message with the date and
time clearly visible, however it's just a photo of the screen,
not the full ticket machine with a serial number or anything on
it. The parking charge due is £100, reduced to £60 if I pay
withing 14 days. This happened at the Oak Mall Shopping Centre,
Greenock, PA15 1JW (Scotland). Do I need to pay this? Thanks
#Post#: 37198--------------------------------------------------
Re: PCN in Scotland
DIR By: b789
Date: September 17, 2024, 8:29 am
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You can safely ignore any PCN as there is still no Keeper
liability in Scotland, for now. CEL have no jurisdiction to make
a clam in Scotland. Simply ignore anything from CEL or their
incestuous debt collector buddies.These are the key reasons for
ignoring a PCN in Scotland, for now:
[indent]
- No Keeper Liability: In Scotland, since PoFA does not apply,
parking companies cannot pursue the registered keeper of the
vehicle unless they can prove who was driving at the time of the
alleged parking breach. If the driver is not identified, they
have no legal right to demand payment from the registered
keeper.
- Contractual Relationship: For the private parking company to
successfully claim payment, they would need to prove that a
contract existed between them and the driver. Without knowing
who the driver was, establishing liability is very difficult.
- Enforcement Challenges: While parking companies can issue
PCNs, they would need to pursue legal action in a Scottish court
to enforce the charge. Such action is rare, and most parking
companies do not take the time or expense to pursue small claims
in Scottish courts. Historically, very few private parking
companies have opted to go down this route in Scotland.
- No Impact on Credit Score: Ignoring a PCN in Scotland will not
result in any direct action against your credit rating. The only
way this could happen is if the parking company takes the matter
to court, wins the case, and you still refuse to pay the
judgment. As stated, the likelihood of this happening is low.
- Debt Collectors: If the parking company passes the case to a
debt recovery agent (DRA), these agencies do not have any
additional powers to enforce payment. They may send intimidating
letters, but they cannot take legal action without the parking
company deciding to go to court.
[/li]
[/indent]
#Post#: 37199--------------------------------------------------
Re: PCN in Scotland
DIR By: The Rookie
Date: September 17, 2024, 8:34 am
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--- Quote from: b789 link ---
>
> CEL have no jurisdiction to make a clam in Scotland.
>
--- End Quote ---
It's the court that has any jurisdiction - not a claimant, CEL
certainly have standing to make a claim in Scotland (assuming
their claim it meets the requirements to bring court action).
Not sure why you think otherwise?
#Post#: 37200--------------------------------------------------
Re: PCN in Scotland
DIR By: DWMB2
Date: September 17, 2024, 8:37 am
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But, for the OP's clarity, this charge can still simply be
ignored. CEL may well have standing to make a claim, but given
the lack of keeper liability, they won't.
jft91 - you'll receive a barrage of letters from CEL and any
debt collector they choose to employ, but these will be empty
threats.
#Post#: 45925--------------------------------------------------
Re: PCN in Scotland
DIR By: jft91
Date: November 17, 2024, 2:01 pm
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I’ve now received this rather threatening letter. Any advice on
what to do? Thanks for your help
#Post#: 45927--------------------------------------------------
Re: PCN in Scotland
DIR By: DWMB2
Date: November 17, 2024, 2:07 pm
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I have removed that attachment - you left your full name and
home address showing. Debt collectors can be ignored.
#Post#: 45929--------------------------------------------------
Re: PCN in Scotland
DIR By: jft91
Date: November 17, 2024, 2:39 pm
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Sorry, didn’t think to blank it out. Just wondered what everyone
has done in response to debt collectors letters. Thank you
#Post#: 45930--------------------------------------------------
Re: PCN in Scotland
DIR By: RichardW
Date: November 17, 2024, 2:56 pm
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Chucked them in the corner just in case anything comes of it in
the future (my wife got one a few months ago). You will get
maybe half a dozen, getting increasingly shrill, but read
carefully and they will say no baliff or court and if you don't
pay we will recommend our client to take legal action. Aye,
right!
#Post#: 45956--------------------------------------------------
Re: PCN in Scotland
DIR By: b789
Date: November 17, 2024, 7:21 pm
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You can safely ignore all debt collector letters. They are
powerless to do anything except to try and scare the low-hanging
fruit on the gullible tree into paying.
You can ignore them and we don’t need to know about them. They
will eventually stop.
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