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Euro Car Parks ticket - Scotland, Registered keeper but not driver
McPlod
post Fri, 23 Oct 2020 - 13:09
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Hi,

I'm looking for some advice please regarding a parking charge notice issued to a vehicle of which I am the registered keeper but was not the driver of at the time of the alleged contravention. The car park in question is in Scotland and I reside in Scotland. The ticket was issued for "No valid pay and display/permit was purchased for this vehicle" - The car park offers 2 hours free parking if a ticket is obtained from a machine and displayed.

From what I can see on the legislation.gov website Part 8 of the Transport (Scotland) Act 2019 is still prospective and has yet to be enacted. Is this correct? If this is the case am I correct in my thinking that there is currently no keeper liability in Scotland and no requirement to identify the driver?

Finally, assuming that there is no keeper liability and no requirement to name the driver, if correspondance is received from the parking company am I best to write to them advising that I was not the driver (I was at work 20 miles away at the time), that I am not under any obligation to name the driver and request that they stop contacting me or should I simply ignore them?

Thanks in advance for any assistance.

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post Fri, 23 Oct 2020 - 13:09
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ostell
post Fri, 23 Oct 2020 - 15:43
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Usual advice is to just ignore. If you start to get annoying correspondence then by all means write to then telling them that you were not the driver at the time, POFA does not apply in Scotland therefore no keeper liability. Stop sending harassing letters

This post has been edited by ostell: Fri, 23 Oct 2020 - 15:44
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Umkomaas
post Fri, 23 Oct 2020 - 19:24
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QUOTE
From what I can see on the legislation.gov website Part 8 of the Transport (Scotland) Act 2019 is still prospective and has yet to be enacted.

It has been 'enacted' (passed all its stages), but has yet to be rolled out. It's quite likely that it's waiting for the new Private Parking Code of Practice to be agreed and promulgated. Then, for registered keepers in Scotland, the party's over, and the nightmare could be just starting for the Sheriff Court!
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McPlod
post Sat, 28 Nov 2020 - 16:58
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I have now received a NTK in relation to this matter. The NTK states that Euro Car Parks have the right under Schedule 4 of the PoFA 2012 to recover the outstanding amount from the RK.

Is it still the case that the PoFA does not apply in Scotland? Assuming this is the case am I best to write to ECP and inform them that I was not the driver and that the PoFA doesn't apply or should I simply ignore them?

TIA
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ostell
post Sat, 28 Nov 2020 - 17:15
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You write back to them and tell them to stop trying to mislead people by stating that POFA applies in Scotland when they know it does not. You do not want to hear from them again, or anyone else they care to contract. Further contact will be harrasment
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Umkomaas
post Sat, 28 Nov 2020 - 17:54
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QUOTE (McPlod @ Sat, 28 Nov 2020 - 16:58) *
I have now received a NTK in relation to this matter. The NTK states that Euro Car Parks have the right under Schedule 4 of the PoFA 2012 to recover the outstanding amount from the RK.

Is it still the case that the PoFA does not apply in Scotland? Assuming this is the case am I best to write to ECP and inform them that I was not the driver and that the PoFA doesn't apply or should I simply ignore them?

TIA

That's appalling. I'd fire off a complaint to the BPA and DVLA (PPCs have been suspended from accessing the database for misrepresenting their position in regard to a keeper's liability).

steve.c@britishparking.co.uk

ccrt@dvla.gov.uk (and) KADOEservice.support@dvla.gov.uk - send to both.
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Gerfc1
post Sat, 28 Nov 2020 - 19:06
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QUOTE (McPlod @ Sat, 28 Nov 2020 - 16:58) *
I have now received a NTK in relation to this matter. The NTK states that Euro Car Parks have the right under Schedule 4 of the PoFA 2012 to recover the outstanding amount from the RK.

Is it still the case that the PoFA does not apply in Scotland? Assuming this is the case am I best to write to ECP and inform them that I was not the driver and that the PoFA doesn't apply or should I simply ignore them?

TIA



Looks like Euro Car Parks do not understand there are different laws between England and Scotland!
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McPlod
post Sat, 28 Nov 2020 - 22:26
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Complaint's have been sent to both BPA and DVLA. I will update this thread with any responses received - not holding my breath though!!
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McPlod
post Tue, 8 Dec 2020 - 20:25
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The below response to my complaint to DVLA was received today

QUOTE (DVLA)
Thank you for your email of 24th November about the release of information from the Driver and Vehicle Licensing Agency’s (DVLA) vehicle register.

The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Law are met. The Agency must strike a balance between ensuring the privacy of motorists is respected while enabling those who may have suffered loss or damage to seek redress.

Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage in the car park. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes. I hope you can appreciate that if this were not the case, motorists would be able to park with disregard for the conditions applying with little prospect of being held accountable.

I have investigated this matter with Euro Car Parks Limited who have confirmed an incorrect notice to keeper has been issued in this instance. This is currently being investigated with the IT department of Euro Car Parks Limited to ensure it does not happen again. Euro Car Parks Limited have also confirmed that an appeal was logged on 03/12/2020, the appeal will be accepted and the PCN cancelled, you will receive confirmation of this shortly.

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it is not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil disputes between motorists and private car park enforcement companies. The DVLA cannot regulate any aspect of a company’s business. Any representations should be made to the landowner or his agent. DVLA releases information on the basis that reasonable cause is demonstrated.

To help ensure motorists are treated fairly when any private parking charge is pursued the DVLA discloses vehicle keeper information only to companies that are members of an appropriate Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an ATA is to ensure that those who request DVLA information are legitimate companies that operate within a code of practice that promotes fair treatment of the motorist and ensures that there is a clear set of standards for operators.

The company in question, Euro Car Parks Limited are a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry. The BPA’s code of practice is published on its website at http://www.britishparking.co.uk under the heading “Approved Operators Scheme”. If a member of this scheme does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company do not comply with the BPA’s code of practice, you may wish to contact the BPA via email at https://portal.britishparking.co.uk/compliance/LogComplaint or by post at Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex RH16 3AH

I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our Complaints Team and I have provided a link to our complaints procedure for your reference:https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure


It appears the incorrect information in the NTK was down to an IT error which ECP are investigating to ensure it doesn't happen again. dry.gif

The good news is that according to the DVLA response ECP are going to cancel the PCN.

I'm yet to receive any response to my correspondence with ECP or the BPA. I'll update again if any is forthcoming.
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Umkomaas
post Tue, 8 Dec 2020 - 21:04
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Well done, that complaint delivered the required outcome. 90% of the DVLA reply was template drivel they always spout. Good result.

QUOTE
I have investigated this matter with Euro Car Parks Limited who have confirmed an incorrect notice to keeper has been issued in this instance. This is currently being investigated with the IT department of Euro Car Parks Limited to ensure it does not happen again.


Computer glitch my Jim Royle!

I wonder how many fellow Scottish Registered Keepers have been conned into paying ECP, based on their misleading, incorrect statement of the law. It might be something to take up with the BPA if you're sufficiently motivated to slam daggers in.
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The Rookie
post Wed, 9 Dec 2020 - 07:34
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Get it in the press, those who paid may want to consider asking ECP to return the profits of their potentially fraudulent acts.


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McPlod
post Thu, 10 Dec 2020 - 17:52
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It has crossed my mind to contact the local paper re. this but I'm holding off on making the decision until I get a response from ECP and the BPA.
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