Private parking fine

[KERMIT1970]

My son has just received a letter through the post from debt recovery plus saying he had parked in a carpark over the allocated time. The time is 23:00 to 01:30 hrs. He & all his pals sit in the car park & meet up there. Remember when we were young. We live in Scotland & have been told they can't inforce this fine which is ridiculous. Anyone had any experience in this kind of thing. The letter is quite threatening stating court action if not paid in full in 7 days.

 

[Silva1]

They will only keep sending out letters to threaten you unless it's paid asap or it will rise and then be taken to court. But the only official people who can enforce and hand out fines are the council and police! Just bin it! It will take about 6 weeks or so to stop receiving any more letters

 

[KERMIT1970]

Cheers silva my wife will kill him if someone comes a chapping !

 

[Darkangelv2]

http://www.moneysavingexpert.com/reclaim/private-parking-tickets

 

[DumfriesDik]

Seek proper legal advice rather than forum hearsay.

 

[GreyZed]

In legal terms he has received an invoice not a fine. These speculative invoices are covered by the common law of contract rather than any statutory instrument that would pertain to a fine.

 

[Flyingfifer]

In legal terms he has received an invoice not a fine. These speculative invoices are covered by the common law of contract rather than any statutory instrument that would pertain to a fine.

+1
This is nothing more than a well camouflaged invoice and in Scotland you wont be getting any bailiffs at your door. Bin it

 

[Ducklakeview]

Bin it, the letters will get more threatening in tone, with bigger writing at the top lol, followed by ones from a team of "enforcement solicitors" who JUST happen to have the same address and company number.. Eventually, they'll give up..

Done this with every one I've ever received, unless it was issued by the local council/traffic warden.

Mike

 

[KERMIT1970]

Cheers folks will pass on the good news !

 

[GreyZed]

If the contract they claim was in force is to enable parking provision for shopping I cannot see any obviously reasonable case to enforce such a contract out of trading hours. It would make far more sense to close the car park out of hours and pursue for 'trespass' if there was a problem.

Reality is these letters are automated and cost the sender virtually nothing so they keep pinging them out and live off the easy profits from the 8 out of 10 cats who just send them their cash straight away. As soon as you start corresponding back and start challenging them on specific points and request further information/documentation as is your legal right then their automated software and printer cannot reply. At this point they have a choice as to whether they spend some time and money dealing with you properly in order to secure payment of your one invoice and still risk no recovery or whether they simply forget you and move on to the next soft touch who will roll over and send them money without any real effort on their part.

Their business model stinks and companies like this should not exist. Sadly they do but the answer is not necessarily to ignore them. There is loads of stuff on the internet about how to beat them at their own game but it is usually better to reply to them and state why you feel the alleged contract is invalid and the charge therefore not due.

 

[chinobeano]

My fiancee is a midwife so has to park in "permit only" areas all the time. She has a permit that lets her park in the council run spaces but she still gets a lot of tickets from private companies. Her colleagues get the same and it's routine for them to just bin the letters. As far as I know none of them have been taken to court yet!

 

[craig3.2]

These can't be enforced in Scotland,as mentioned.....so I wouldn't worry

 

[GreyZed]

These can't be enforced in Scotland,as mentioned.....so I wouldn't worry

On what do you base this statement?

OP - please look here...

https://www.citizensadvice.org.uk/scotland/consumer/transport/driving-and-parking/parking-tickets-s/parking-tickets-on-private-land-s/

 

[Flyingfifer]

These can't be enforced in Scotland,as mentioned.....so I wouldn't worry

On what do you base this statement?

OP - please look here...

https://www.citizensadvice.org.uk/scotland/consumer/transport/driving-and-parking/parking-tickets-s/parking-tickets-on-private-land-s/

Its more the case that it will be incredibly difficult to enforce in Scotland added to that the minefield that the company would be navigating in terms of trying to enforce the issue could land them in hot water so typically they just drop it. Additionally they cant send bailiffs to your door in Scotland and they also cannot clamp your car.

 

[craig3.2]

These can't be enforced in Scotland,as mentioned.....so I wouldn't worry

On what do you base this statement?

OP - please look here...

https://www.citizensadvice.org.uk/scotland/consumer/transport/driving-and-parking/parking-tickets-s/parking-tickets-on-private-land-s/

Based on law in Scotland not allowing bailifs to seize money or belongings as payment of parking fines on private property or private run carparks,and clamping is also illegal in Scotland in private carparks....only police or traffic wasrdens can issue enforceable fines,and ditto re removal of your car from being illegally parked...that's what I base it on!!

 

[craig3.2]

These can't be enforced in Scotland,as mentioned.....so I wouldn't worry

On what do you base this statement?

OP - please look here...

https://www.citizensadvice.org.uk/scotland/consumer/transport/driving-and-parking/parking-tickets-s/parking-tickets-on-private-land-s/

Its more the case that it will be incredibly difficult to enforce in Scotland added to that the minefield that the company would be navigating in terms of trying to enforce the issue could land them in hot water so typically they just drop it. Additionally they cant send bailiffs to your door in Scotland and they also cannot clamp your car.

Ditto

 

[GreyZed]

These can't be enforced in Scotland,as mentioned.....so I wouldn't worry

On what do you base this statement?

OP - please look here...

https://www.citizensadvice.org.uk/scotland/consumer/transport/driving-and-parking/parking-tickets-s/parking-tickets-on-private-land-s/

Its more the case that it will be incredibly difficult to enforce in Scotland added to that the minefield that the company would be navigating in terms of trying to enforce the issue could land them in hot water so typically they just drop it. Additionally they cant send bailiffs to your door in Scotland and they also cannot clamp your car.

No different to England since the Protection of Freedoms Act 2012. Clamping outlawed but any debt can be pursued through county courts whether in England or Scotland. I'm just not sure what exactly it is that people believe is fundamentally different in Scotland?

 

[Flyingfifer]

On what do you base this statement?

OP - please look here...

https://www.citizensadvice.org.uk/scotland/consumer/transport/driving-and-parking/parking-tickets-s/parking-tickets-on-private-land-s/

Its more the case that it will be incredibly difficult to enforce in Scotland added to that the minefield that the company would be navigating in terms of trying to enforce the issue could land them in hot water so typically they just drop it. Additionally they cant send bailiffs to your door in Scotland and they also cannot clamp your car.

No different to England since the Protection of Freedoms Act 2012. Clamping outlawed but any debt can be pursued through county courts whether in England or Scotland. I'm just not sure what exactly it is that people believe is fundamentally different in Scotland?

Glad to hear that there has been a law change to protect you guys from this!
Its possible for a company to get a bailiff to your door as an additional threat in England, this isnt an option for them in Scotland. Can they still chase it through the courts? Course they can but they rarely do because its not worth the hassle and they might lose. Why bother chasing 1 guy when 10 more will pay up with no questions asked?

 

[KERMIT1970]

Just been for look Craig in Kilmarnock next to McDonald's barrier in place but all rusty & signs are all damaged. Hopefully nothing comes of it. It's in the bin !

 

[craig3.2]

Its more the case that it will be incredibly difficult to enforce in Scotland added to that the minefield that the company would be navigating in terms of trying to enforce the issue could land them in hot water so typically they just drop it. Additionally they cant send bailiffs to your door in Scotland and they also cannot clamp your car.

No different to England since the Protection of Freedoms Act 2012. Clamping outlawed but any debt can be pursued through county courts whether in England or Scotland. I'm just not sure what exactly it is that people believe is fundamentally different in Scotland?

Glad to hear that there has been a law change to protect you guys from this!
Its possible for a company to get a bailiff to your door as an additional threat in England, this isnt an option for them in Scotland. Can they still chase it through the courts? Course they can but they rarely do because its not worth the hassle and they might lose. Why bother chasing 1 guy when 10 more will pay up with no questions asked?

Well said "flyingfinger:".
I love it when a non-scot(who doesn't live here) quotes Scots law as if they know it better than we do...my mother was a ,Family and divorce,Motoring law, etc Paralegal her working life until retiring 18months ago, so do know what I am saying isn't bullshit " greyzed"!!