Hi all, I've never used FTLA before so I'm sorry if the formatting is rough.
On 3rd March 2025 the driver of the vehicle parked the car in an NCP secure carpark in Glasgow, Scotland. The carpark was full, so the driver parked in a disabled bay. The driver paid on exit, no PCN was left on the car.
I'm the registered keeper of the car, I live in England.
On 14th May I receive a letter from TRACE, stating they have obtained my details as the registered keeper of the car and that I failed to reply to NCP's PCNs that they state were sent to the keeper's address. I replied to them via their internal portal informing them that I have received no such correspondence and the vehicle has been registered to the correct address since moving in in December 2024. I replied to them the same day informing them that they were clearly not sent to the correct address as shown on the PCNs. Furthermore, as this alleged breach occurred in Scotland, I as the registered keeper, cannot be held liable for the debts incurred by the driver, and that as the company have not proven that I am the driver of the vehicle, I cannot be required to pay this fine.
On 15th May I received a reply from TRACE stating they had sent the PCNs to the correct address and as such I am liable to pay the increased amount. They did not address the fact the alleged breach occurred in Scotland. I replied to them the same day advising them that they have failed to acknowledge this and that per Scottish law I am not required to identify the driver and requested them to feed this back to their client. I received no reply and followed up with another email on 6th June after receiving another letter from them re the same matter, I received no reply to that email.
On 21 July I started receiving letters from Moorside Legal, stating they are representing NCP and demanding I make payment on this PCN, they were the typical letters stating I must pay £170 by x date or they will take me to court. I did not keep the letters so I cannot show a copy here.
I emailed Moorside via their internal portal informing them that I already informed NCP that as this debt occurred in Scotland I am not required to tell them who was driving the vehicle, and as the keeper, I cannot be held liable. I received a follow-up email 2 days later asking for the details of the letter, I presume to confirm my ID, which I sent. I also informed them that per FCA regulations, after informing them that I am not liable for this debt they must cease collection activities and investigate the matter.
I received no reply until 12th August where they state that they cannot review disputes, demanded I pay, or they will advise their client to seek legal action. I then began receiving phone calls from Moorside, I do not know how they obtained my number. I spoke to their advisor, who was actually really nice, and informed her that as this occurred in Scotland, under Scottish law, I am not liable for the debts of the driver, and I am not legally required to inform them who the driver was. She accepted this and advised she would feed this back top NCP.
It was completely radio silent until 8th November where I have received a Claim Form from CNBC stating that Moorside have initiated proceedings against me for this debt. I have acknowledged receipt but I have not yet replied.
I've sought some advice and have been sent here as the advice has been pretty divided.
My understanding is that as this breach occurred in Scotland, the breach of this contract is subject to Scottish Law and therefore cannot be tried in an English Court. So I should challenge the application on the grounds of Jurisdiction.
Some important things to note:
- I have not received a Letter Before Action before this claim.
- The photographic evidence I do not believe proves the alleged breach. Photo 1 shows the VRM of the car, but a black BMW, not blue, which is parked in a bay with white lines. But photo 2 shows the side of a dark blue BMW, with no VRM visible, parked in a yellow lined bay. I'm not looking for some "aha gotcha" but the photos don't seem very reliable.
Here is photos of the PCNs and Trace's email for your perusal:
https://postimg.cc/gallery/5y16SCx
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