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Work car park ticket (Scotland)
GGLS
post Fri, 21 Sep 2018 - 15:06
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Got a parking ticket today at ym works business park for not displaying parking permit (don't have one to display). Issued by UKPC, apparently the office park can't do anything about it and I need to go to UKPC directly, but obviously don't want to give them my details as I have no intention of paying a penny.. What's the best option here? Formally appealing or just ignoring?
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post Fri, 21 Sep 2018 - 15:06
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bearclaw
post Fri, 21 Sep 2018 - 15:26
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Are you resident in Scotland or was the car park in Scotland? Post up the ticket with the identifying numebrs and names etc redacted out
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ManxRed
post Fri, 21 Sep 2018 - 15:45
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Is it a company car, or is it yours?


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GGLS
post Fri, 21 Sep 2018 - 15:56
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Doesn't seem to be wanting to upload on mobile, will try uploading on pc shortly. Its registered to me, not a company car or lease or anything like that
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kommando
post Fri, 21 Sep 2018 - 16:36
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Don't bother with the ticket, it only has the potential to identify you and for Scotland the less we know the better.

If you are resident in Scotland and the car is registered to you then ignore all but a letter before action LBA or a Claim form.

There is no concept of keeper liability in Scotland, as long as you are resident in Scotland and do not identify the driver there is nothing they can do except send scary toilet paper.
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GGLS
post Fri, 21 Sep 2018 - 16:39
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QUOTE (kommando @ Fri, 21 Sep 2018 - 17:36) *
Don't bother with the ticket, it only has the potential to identify you and for Scotland the less we know the better.

If you are resident in Scotland and the car is registered to you then ignore all but a letter before action LBA or a Claim form.

There is no concept of keeper liability in Scotland, as long as you are resident in Scotland and do not identify the driver there is nothing they can do except send scary toilet paper.


Can't it affect credit rating though?
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cabbyman
post Fri, 21 Sep 2018 - 16:44
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No. Your credit rating is only affected IF they take you to court AND they win AND you fail to settle in accordance with the court order, normally about 30 days (in E&W).

Keep your head down and say and do absolutely NOTHING. IF you receive court papers, come back here for further advice.


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Eljayjay
post Fri, 21 Sep 2018 - 16:47
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Your credit rating can only be affected if you the parking operator takes you to Court, you lose at Court and then you fail to pay within the allotted time.

What you have been told is that the parking operator cannot take action against a person in Scotland unless they know that person to be the driver.

So, how is your credit rating going to be affected?
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GGLS
post Sat, 22 Sep 2018 - 08:56
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Appreciate all the responses, put my mind at ease. Will just ignore letters. Thanks all.
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The Rookie
post Sat, 22 Sep 2018 - 09:19
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Ignore, but FILE AND KEEP for 6 years.


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bobthesod
post Sat, 22 Sep 2018 - 09:28
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Kommando said


If you are resident in Scotland and the car is registered to you then ignore all but a letter before action LBA or a Claim form.



Has the law changed now?

I thought that they couldnt chase the keeper irrespective of where he lived n the UK. If so that is really going to spoil my holiday by over parking all over Scotland
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s360
post Sat, 22 Sep 2018 - 09:46
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Pofa (protection of freedoms act) introduced in 2012 allows the keeper to be held liable provided the strict criteria are met. This only applies in England and Wales. In Scotland no keeper liability exists they can still only persue the driver.
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kommando
post Sat, 22 Sep 2018 - 11:24
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QUOTE
Has the law changed now?

I thought that they couldn't chase the keeper irrespective of where he lived n the UK. If so that is really going to spoil my holiday by over parking all over Scotland


No it hasn't changed, I was answering the OP who was likely to be a Scottish resident.

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BillG
post Mon, 24 Sep 2018 - 00:06
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I live in Scotland and I've had three PCN's from different extortion companies here over the years and did exactly what the experts have recommended, did nothing, ignored the threats of crap on toilet paper and it hasn't cost me a bean.

This post has been edited by BillG: Mon, 24 Sep 2018 - 00:24
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The Rookie
post Mon, 24 Sep 2018 - 03:53
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QUOTE (kommando @ Sat, 22 Sep 2018 - 12:24) *
QUOTE
Has the law changed now?

I thought that they couldn't chase the keeper irrespective of where he lived n the UK. If so that is really going to spoil my holiday by over parking all over Scotland


No it hasn't changed, I was answering the OP who was likely to be a Scottish resident.

As the incident was on Scottish soil (from the title) PoFA doesn't apply, it matters not where he lives, living in England would not mean they could apply PoFA.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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kommando
post Mon, 24 Sep 2018 - 10:31
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QUOTE
As the incident was on Scottish soil (from the title) PoFA doesn't apply, it matters not where he lives, living in England would not mean they could apply PoFA.


That is correct but these is a subtle difference.

A E&W resident does not have the protection of a claim being automatically thrown out by Northampton during the raising process as their address is not in Scotland/NI, so they would then need to dispute Jurisdiction when acknowledging the claim. Based on the lack of these coming to the forum its currently a non issue but you are relying on the PPC's recognising the event was in Scotland/NI. If they don't there is more work involved to kill it than for a Scottish/NI resident.
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Redivi
post Mon, 24 Sep 2018 - 11:08
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Is the time limit five years for a parking ticket in Scotland ?

There's a fee to contest jurisdiction
Does the PPC have to pay it if the contest succeeds ?
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kommando
post Mon, 24 Sep 2018 - 11:23
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The 6 years in E&W allowed to rise a claim by claimant is reduced to 5 years in Scotland.
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The Rookie
post Tue, 25 Sep 2018 - 03:36
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QUOTE (kommando @ Mon, 24 Sep 2018 - 11:31) *
QUOTE
As the incident was on Scottish soil (from the title) PoFA doesn't apply, it matters not where he lives, living in England would not mean they could apply PoFA.


That is correct but these is a subtle difference.

A E&W resident does not have the protection of a claim being automatically thrown out by Northampton during the raising process as their address is not in Scotland/NI, so they would then need to dispute Jurisdiction when acknowledging the claim.

Why/How would they dispute jurisdiction? AIUI it an English company can sue an English (alleged) debtor for a debt in England even if the consideration (parking) was in Scotland, just like if it was for buying a car in Scotland and so on.

The claim is on a person, the claimant couldn't use PoFA but could still make a claim based on other details (e.g. they have driver ID)


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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