Parking Charge

Author
Discussion

Mrr T

12,152 posts

264 months

Saturday 17th April 2021
quotequote all
martyuk said:
Most posters are still not reading the facts.

This was in Scotland and as such there is still no requirement up here to name the driver. The only case to be successful was against a young women who admitted parking where she lived without displaying. It never got to court, they agreed a solution prior to that. One other Glasgow case was similar and never made it to court.

Couple of years ago PPC's tried in Forfar(i think) to take people to court. Dropped on the day of court.

If it was a council car park, they must pay.
Sorry you are out of date.

Transport (Scotland) Act 2019 got RA 15 November 2019.

Mrr T

12,152 posts

264 months

Saturday 17th April 2021
quotequote all
sociopath said:
ruggedscotty said:
Sorry - she lives in same house as owner, thats how she has the letter, letter was sent to the registered keeper.
So surely the bailiff is coming after the RK not your daughter?
The bailiff is coming after NO ONE. All they can do is write letters with threats. Only if the case goes to court and the defendant loses can they do any more.

sociopath

3,433 posts

65 months

Saturday 17th April 2021
quotequote all
Mrr T said:
sociopath said:
ruggedscotty said:
Sorry - she lives in same house as owner, thats how she has the letter, letter was sent to the registered keeper.
So surely the bailiff is coming after the RK not your daughter?
The bailiff is coming after NO ONE. All they can do is write letters with threats. Only if the case goes to court and the defendant loses can they do any more.
Agreed, but I still don't know why this person thinks anything might happen to her if the paperwork is in the RKs name

ruggedscotty

Original Poster:

5,606 posts

208 months

Saturday 17th April 2021
quotequote all
sociopath said:
Mrr T said:
sociopath said:
ruggedscotty said:
Sorry - she lives in same house as owner, thats how she has the letter, letter was sent to the registered keeper.
So surely the bailiff is coming after the RK not your daughter?
The bailiff is coming after NO ONE. All they can do is write letters with threats. Only if the case goes to court and the defendant loses can they do any more.
Agreed, but I still don't know why this person thinks anything might happen to her if the paperwork is in the RKs name
its more of the RK has a letter full of heavy speak looking for 170. id say just dont answer it and ignore, but well i could be wrong and not wanting to end up costing them money with bad advice.

martyuk

91 posts

175 months

Saturday 17th April 2021
quotequote all
Mrr T said:
Sorry you are out of date.

Transport (Scotland) Act 2019 got RA 15 November 2019.
Hi, I was aware there were moves to try and rectify this. I took time to read through the act.

96First condition: lack of knowledge of driver’s name and address

(1)The first condition for the purposes of section 95 is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges, but

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and an address at which the driver for the time being resides or can conveniently be contacted.


IANAL but my interpretation on b) is that they cannot pursue for a driver that has not been named. There is still nothing in the act to force the driver to name who was in the car at the time. That was always the loophole up here and I think it still is.

I don't agree with parking and not paying.


This is the same act that bans cars from pavements. Be interesting to see how this pans out.

silverfoxcc

7,683 posts

144 months

Monday 19th April 2021
quotequote all
Scotland

not to name the driver is still ok until Nippy Nick falls in line with the new regs comingout in Parliament for England and Wales

As regard the original post

The RK and no one else should write to the PPC asking them for details of all the information they have on this esp as this is the first she has heard about it on no account intimate who the driver was..just she is the RK

They should reply within a stated time ( Best check with MSE and pepipoo on timescales) and if they send a copy of the'invoice' go over it as there is a good chance it will be non compliant with sect 9 ( and subsections) of POFA 2012

Not advising the RK within 14 days if if was not a windscreen ticket

Not requrst as per the law to 'invite the RK to name the driver' If it doesn't saythat word for word then it is a win at popla

But do some checking and get some free adice form people who deal with PPC shystyers everydsay. Just remember these were the clampers of old

ruggedscotty

Original Poster:

5,606 posts

208 months

Monday 19th April 2021
quotequote all
silverfoxcc said:
Scotland

not to name the driver is still ok until Nippy Nick falls in line with the new regs comingout in Parliament for England and Wales

As regard the original post

The RK and no one else should write to the PPC asking them for details of all the information they have on this esp as this is the first she has heard about it on no account intimate who the driver was..just she is the RK

They should reply within a stated time ( Best check with MSE and pepipoo on timescales) and if they send a copy of the'invoice' go over it as there is a good chance it will be non compliant with sect 9 ( and subsections) of POFA 2012

Not advising the RK within 14 days if if was not a windscreen ticket

Not requrst as per the law to 'invite the RK to name the driver' If it doesn't saythat word for word then it is a win at popla

But do some checking and get some free adice form people who deal with PPC shystyers everydsay. Just remember these were the clampers of old
Thank you