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btek
post Wed, 11 Apr 2018 - 21:52
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Hi all, I'll get straight to the point.
Recently got a nice notice from Vehicle Control Services about parking without displaying a valid ticket. I was a bit surprised as the driver didn't find anything on the windshield on the day of the parking. Then I remember texting with my friend and him saying that he was walking past my car and saw that there was a ticket left. I thought he was winding me up all this time because, as I mentioned before the driver didn't find any tickets. Now that I received the letter it's clear to me that either someone removed it or it wasn't "attached" properly.

I'm not sure if there's any defence against them, £100 or even £60 if paid within 14 days is too much to say the least as their parking charge (now that I checked on google street view) says 60p per hour.
I had a look at few threads and templates for appeal however I'm not quite sure where I stand with this thus I have no idea what to write to them to have any chance.

I have until Tuesday 17th to appeal to keep the lower charge so still some time left. Any help would be much appreciated smile.gif

Cheers

This post has been edited by btek: Fri, 13 Apr 2018 - 12:39
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post Wed, 11 Apr 2018 - 21:52
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btek
post Wed, 13 Jun 2018 - 10:47
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QUOTE (ostell @ Wed, 13 Jun 2018 - 11:08) *
In Scotland the keeper cannot be held liable as POFA does not apply. The advice would therefoe be just ignore. They are not going anywhere if they don't know the name of the driver at the time.


Thank you very much. Last question, any idea how likely they are to pass this on to the Sheriff's court? Would rather prepare for any outcome.
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Redivi
post Wed, 13 Jun 2018 - 11:00
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VCS doesn't rely on keeper liability

It argues that, more likely than not, the registered keeper was driving and even uses a perverse interpretation of a criminal case that has been dismissed by the courts on many occasions

VCS has brought cases in Scotland, usually when multiple parking notices are involved
It famously won more than £20 000 from one individual although it's lost other test cases

She promptly made herself bankrupt so they didn't see any of it
The case would have been profitable, however, as a demonstration to other non-payers
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ostell
post Wed, 13 Jun 2018 - 11:07
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Who can they claim against if they decide to raise it at the Sheriff's court? They can only claim from the driver, though if the do try to claim from the keeper on the basis that the keeper must have been driving they will quote a couple of other court cases, regularly shot down, to try to show that the keeper is liable. As long as they have no indication of the identity of the driver then they cannot rally go anywhere.

There is a Scottish MP who is trying to amend the law to make POFA, or similar, applicable in Scotland. Complain to him that you don't want it

Edit: Redivi got in while I was answering the phone. In that £20000 case the woman was bragging that she was the driver and her defence was along the lines of she wasn't liable.

This post has been edited by ostell: Wed, 13 Jun 2018 - 11:10
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btek
post Wed, 13 Jun 2018 - 12:29
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Thank you both for the clear up. I just wanted to make sure it's safe to ignore after I've been in touch with them.

Hopefully they'll stop bothering me after a while. I'll let you know if they do try and take it further.

Thanks again!
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