Private Parking Fine - Forge Retail Park, Glasgow
Discussion
Daughter's car was pictured here overstaying its welcome and she has received a few letters from DRP Debt Recovery Plus on behalf of Smart Parking Ltd.
I have told her to ignore them as they aren't legal in Scotland but she has now received the third letter threatening court action.
I am sure I have had these before and it got to this stage and I ignored them and they just eventually went away. Is this still the same story up here?
At one point I think there were templates to reply to them advising that the contract was between them and the driver and they should contact the driver direct (without supplying those details obviously).
Is my reading of this still correct? There is no legal responsibility for her as the owner, to give the name of the driver?
I have told her to ignore them as they aren't legal in Scotland but she has now received the third letter threatening court action.
I am sure I have had these before and it got to this stage and I ignored them and they just eventually went away. Is this still the same story up here?
At one point I think there were templates to reply to them advising that the contract was between them and the driver and they should contact the driver direct (without supplying those details obviously).
Is my reading of this still correct? There is no legal responsibility for her as the owner, to give the name of the driver?
I've have one of these outstanding and you're correct in your thinking. The forums on MSE more or less say that for Scotland you should keep all letters but not respond. The wording of the follow up letters are normally that they 'will advise their client to proceed' as opposed to it being a definite outcome.
In my case the envelopes the debt collection letters came in had the same return to sender address as the original parking firm. They're designed and worded to worry you into settling but are being sent from the same company. I found that I had a series (3/4) of 'we will advise our client to take further action if you do not pay by x date' followed by a couple offering discounted settlement. I've heard nothing for a couple of months now.
In my case the envelopes the debt collection letters came in had the same return to sender address as the original parking firm. They're designed and worded to worry you into settling but are being sent from the same company. I found that I had a series (3/4) of 'we will advise our client to take further action if you do not pay by x date' followed by a couple offering discounted settlement. I've heard nothing for a couple of months now.
Similar situation in Dundee Christmas before last... received about six letters over the course of 6 months which steadily increased the fine and threats of legal action however nothing since.
Various associates have done the same with Euro Car Parks and after about five or six letters, nothing more ever came of them.
Granted, there were numerous times where caving in was an option but nerves of steel are needed and the heels need to dig in and thus far, nothing has come of the four cases.
Difficult to comment on what one should do in similar situations however the advice of continue to ignore would appear to be one that works.
Various associates have done the same with Euro Car Parks and after about five or six letters, nothing more ever came of them.
Granted, there were numerous times where caving in was an option but nerves of steel are needed and the heels need to dig in and thus far, nothing has come of the four cases.
Difficult to comment on what one should do in similar situations however the advice of continue to ignore would appear to be one that works.
I received one similar a last year. It was a family car registered to me but probably my wife or daughter who had parked it there (I don't do a lot of shopping, have never been there, and don't often drive that car). I replied but only to state that I wasn't driving that car that day and hadn't parked there, nothing else. I never heard from them again.
haggishunter said:
Just keep ignoring them. I did the same not long ago and they stopped after about 7 months.
Same here, this was around 3/4yrs ago now. After 6 months the letters stopped think I received 3 in total.It would cost too much to take you to court and try and recover the small sum.
Had one recently for one of our company cars. From the same location as you.
Replied stating that
"We write with regards to your Parking Charge Notice dated ??/??/?? and received ??/??/?? regarding an alleged breach of advertised terms and conditions within the Forge Retail Park Glasgow on ??/??/??.
Please take this letter as notice that your invoice for payment is not accepted and we will not be authorising payment as the driver of the vehicle at the time cannot be confirmed.
We are not the registered owner of the vehicle but do have use of the vehicle. However, as you are no doubt aware, we have no legal obligation to disclose that information to yourselves.
Therefore, we should be grateful if you did not contact us again regarding this matter."
Got a letter back a few days later saying it was cancelled.
They can seek compensation for 'reasonable' sum for breach of contract. However, for that they have to know who breached the contract!
Worth sending a letter to save all the chasers coming through.
Replied stating that
"We write with regards to your Parking Charge Notice dated ??/??/?? and received ??/??/?? regarding an alleged breach of advertised terms and conditions within the Forge Retail Park Glasgow on ??/??/??.
Please take this letter as notice that your invoice for payment is not accepted and we will not be authorising payment as the driver of the vehicle at the time cannot be confirmed.
We are not the registered owner of the vehicle but do have use of the vehicle. However, as you are no doubt aware, we have no legal obligation to disclose that information to yourselves.
Therefore, we should be grateful if you did not contact us again regarding this matter."
Got a letter back a few days later saying it was cancelled.
They can seek compensation for 'reasonable' sum for breach of contract. However, for that they have to know who breached the contract!
Worth sending a letter to save all the chasers coming through.
I've tried denying being the driver( on behalf of OH) but the buggers never listen,and keep writing, including 1 where the car park has NO signs saying they will "fine" you!!!
I just ignore anything now..in Scotland if you are the R/K then you don't need to name the driver(assuming its not you) and they can only due the driver.
Some have mentioned using Elliott-v-Loake but that is BS.
I just ignore anything now..in Scotland if you are the R/K then you don't need to name the driver(assuming its not you) and they can only due the driver.
Some have mentioned using Elliott-v-Loake but that is BS.
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