Always appeal, you have nothing to loose!

Always appeal, you have nothing to loose!

You could potentially lose the initial discount, £60 if you lost?

True, but I lost the discount by it taking more than 2 weeks to pursue. More like 6 months!!

I'm glad it was sorted for you in the end.

 

As far as the Data Protection Act is concerned, the DVLA is allowed to sell the details of a registered keeper to a bona fide business providing they provide clear evidence of an offence having been committed.   Time stamped photographs are not admissable, except by police and local authorities who use calibrated and sealed instruments, as the time and date functions can be changed on the device.

If you get any evidence that DVLA are providing details to a company by the name of "Park Direct Ltd" or any company associated with them, write to the DVLA  immediately as they are specifically banned from obtaining information.

If anyone has issues with unfair parking fines, head over to Pepipoo for proper advice.

 

 

 

I'm glad it was sorted for you in the end.

 

As far as the Data Protection Act is concerned, the DVLA is allowed to sell the details of a registered keeper to a bona fide business providing they provide clear evidence of an offence having been committed.   Time stamped photographs are not admissable, except by police and local authorities who use calibrated and sealed instruments, as the time and date functions can be changed on the device.

If you get any evidence that DVLA are providing details to a company by the name of "Park Direct Ltd" or any company associated with them, write to the DVLA  immediately as they are specifically banned from obtaining information.

If anyone has issues with unfair parking fines, head over to Pepipoo for proper advice.

Or just move to scotland, we all just stick two fingers up at these parking company's.

Or just move to scotland, we all just stick two fingers up at these parking company's.

For now.

They're very efficient now at sending high Court bailiffs round

Are they, ?

i thought that was Councils and Courts for other offences, non Payment of Official Court Fines.

http://bbc.co.uk/news/uk-12981794

 

'UK Parking Control' failed to proceed in Forfar Court taking action to recover penalty charges against 3 car owners that did 

not pay penalties they had try to impose for parking at Gallagher Retail Park in Dundee.

 

I posted in the Legal Insurance section today.

 

Try a Google of 

Scottish Sun Sat Nov 8th 2014

'Parking Fee Legal Bid Axed.'

 

or 

Courier.co.uk

UK Parking Control drops court action Gallagher Retail Park

Edited 9 November, 201411 yr by goneoffSKi

Pretty much anyone can get a high Court writ through, and the other party is very often not made aware.

Watch channel 5's "don't pay, we'll take it away" on Wednesday's at 9pm - or on their demand 5 service.

You were posting about Scotland were you not, not England and Wales & Private Firms and High Court Bailiffs.

Some of your terms and use of them are not relevant in Scotland.

http://thesheriffsoffice.com/articles/judgment-enforcement-in-scotland

 

UKPC were trying the Forfar Court as Test Cases and they have failed at the moment.

Councils & Court Fines and Penalties are a different matter.

 

http://glasgow.gov.uk/index.aspx?articleid=4052

Edited 9 November, 201411 yr by goneoffSKi

Yes George, in Scotland parking firms could go through the high sherif route which is the equivalent of the high Court bailiffs process.

They should have tried in the Small Claims in the Forfar Court last week then.

If they had proved there was a Debt, they could have employed Sheriffs Officers to collect a Debt.

 

But then a Judgement against would have been a real problem to show the actions being taken as being Illegal.

The Issue in Scotland is the Land Owner having to take the Action not an Agent For them,

& the Proof that a Debt Exists and there was a Trespass or a Service Provided.

 

Gadgetman,

If your Legal Training on Scottish Law is better than those that Qualified in it,

you had maybe best give Billy Boyle a call, 

he will be happy to learn from you.

http://thecourier.co.uk/news/scotland/drivers-urged-not-to-pay-private-parking-fines-1.251312

Edited 9 November, 201411 yr by goneoffSKi

That article is from March. A lot has happened since then.

Sorry George I forgot you are fully legally qualified in everything North of the border.

A lot has happened since then, that was setting the scene for you.

 

Not fully Legally Trained or partially trained, but able to understand the Law in the Country i live in,

& not going to make sweeping and incorrect statements on something i have no knowledge of.

ie, i have been issued with Penalty Charges by the company mentioned, and the follow up letters,  and this was in Scotland.

& i do know about Sheriffs Officers, Bailiffs, & District, Sheriff & High Courts in Scotland.

 

What happened was UKPC did not go ahead with the case in the Forfar Court last week.

http://thecourier.co.uk/news/local/dundee/uk-parking-control-drops-court-action-against-gallagher-retail-park-drivers-1.670162

Edited 10 November, 201411 yr by goneoffSKi

None of the parking companies have gone the distance in court cases they have initiated anywhere in the UK.

But that hasn't stopped them taking it to the high Court to get their money. Remember the debtor now pays bailiffs costs on top of the original amount owed +interest and costs.

They're doing it the same way ex-employees go after employers to get owed wages. The other party usually only learns of this when bailiffs are there with a writ that allows them to take goods or cash.

It's cheaper than risking a court case, and as word spreads means more people paying up.

Until someone with balls takes this to a high Court to get a final judgement on these charges, their legality remains an unanswered quandary

Parking Tickets non payments from Private Parking companies are not going to a 'High Court' in Scotland.

 

http://scotcourts.gov.uk/the-courts/high-court/about-the-high-court

 

If you want to compare law and the law of different countries maybe try to understand the different courts.

Maybe also the difference in the Legislation passed by the UK Government for England & Wales 

& that that is Relevant to Scotland.

Edited 10 November, 201411 yr by goneoffSKi

OK George JP(s)

Wow this thread is popular! My original point was that you should always challenge a PCN, because you might win, even if you think you won't!

None of the parking companies have gone the distance in court cases they have initiated anywhere in the UK.

But that hasn't stopped them taking it to the high Court to get their money. Remember the debtor now pays bailiffs costs on top of the original amount owed +interest and costs.

They're doing it the same way ex-employees go after employers to get owed wages. The other party usually only learns of this when bailiffs are there with a writ that allows them to take goods or cash.

It's cheaper than risking a court case, and as word spreads means more people paying up.

Until someone with balls takes this to a high Court to get a final judgement on these charges, their legality remains an unanswered quandary

 

Have you a court case in mind? My understanding was that these things were mostly bluster.

Can a bailiff get a writ without first getting a court judgement?

I actually agree with the pay and display. I have no issue with that as the charges are generally reasonable and conditions unambiguous. You see the machines with big signs above them, you see tickets in the windows of cars near yours. You get a ticket and it has an exact time on it. Clear, simple, effective.

 

Not pay and display is rubbish. If you want to make sure that the person pays for parking spend some money and put barriers in so you have to pay a fee on the way out.  But most of these parking companies hire one bloke issuing tickets or worse use dodgy ANPR cameras.  

Have you a court case in mind? My understanding was that these things were mostly bluster.

Can a bailiff get a writ without first getting a court judgement?

Yes they can get a writ without a court case.

Yes they can get a writ without a court case.

Could you elaborate? How might they do that?

Could you elaborate? How might they do that?

Same way anyone owed money can.

You show the high Court a debt is owed and failure to respond to communication and if satisfied a writ can be issued.

Often the other party is completely unaware aware until bailiffs arrive for payment there and then.

And now the costs for going through the process, and those of the bailiffs are payable by the debtor an unpaid ticket could cost over £500.

That is the nub of it.

You are to show a Debt is owed, you make a declaration and in England and Wales the Law makes that possible. Maybe.

 

In Scotland the Private Parking Companies are not able to show, 'A debt is owed to them',  or that they provided a Service or had a contract with the person they might say is a 'Debtor',  or that the Charge or Penalty they are trying to impose is lawful.

& the costs justified.

 

So they need to get into court, get a Judgement and we will see.

That is what they did not do in the Small Claims court in Forfar the other week.

 

george

Same way anyone owed money can.

You show the high Court a debt is owed and failure to respond to communication and if satisfied a writ can be issued.

Often the other party is completely unaware aware until bailiffs arrive for payment there and then.

And now the costs for going through the process, and those of the bailiffs are payable by the debtor an unpaid ticket could cost over £500.

 

OK so a writ can only be obtained with a high court judgement - we are back to only bluster again.

It's not a high Court session as such. There's no trial or jury, just a judge.

Not every case goes this way, but I assume doing a few will spread by word of mouth and increase those coughing up instead of ignoring.

Problem is if it's you they decide to go after, once bailiffs are on your doorstep there's nothing you can do but cough up the original charge + costs + bailiffs charges (fixed costs now defined in law).

You could be facing a pay up now demand for getting on for £1,000