PCN in Scotland

PCN in Scotland
Posted by jft91 on 17 Sep, 2024 14:26
Hello, looking for some help. I've had a PCN through from a company called Civil Enforcement for 'Payment not made in accordance with notified terms'. I pulled into the car park, finished a phone call and then made my way to the parking meter to pay for a ticket. The ticket machine was out of order, so therefore I couldn't put my registration plate in or anything to pay for a ticket. I walked back to my car and left. The total duration I was in the car park was 14 minutes. I have a photo of the machine showing the 'out of order' message with the date and time clearly visible, however it's just a photo of the screen, not the full ticket machine with a serial number or anything on it. The parking charge due is £100, reduced to £60 if I pay withing 14 days. This happened at the Oak Mall Shopping Centre, Greenock, PA15 1JW (Scotland). Do I need to pay this? Thanks

#1 Reply
Posted by b789 on 17 Sep, 2024 14:29
- No Keeper Liability: In Scotland, since PoFA does not apply, parking companies cannot pursue the registered keeper of the vehicle unless they can prove who was driving at the time of the alleged parking breach. If the driver is not identified, they have no legal right to demand payment from the registered keeper.
- Contractual Relationship: For the private parking company to successfully claim payment, they would need to prove that a contract existed between them and the driver. Without knowing who the driver was, establishing liability is very difficult.
- Enforcement Challenges: While parking companies can issue PCNs, they would need to pursue legal action in a Scottish court to enforce the charge. Such action is rare, and most parking companies do not take the time or expense to pursue small claims in Scottish courts. Historically, very few private parking companies have opted to go down this route in Scotland.
- No Impact on Credit Score: Ignoring a PCN in Scotland will not result in any direct action against your credit rating. The only way this could happen is if the parking company takes the matter to court, wins the case, and you still refuse to pay the judgment. As stated, the likelihood of this happening is low.
- Debt Collectors: If the parking company passes the case to a debt recovery agent (DRA), these agencies do not have any additional powers to enforce payment. They may send intimidating letters, but they cannot take legal action without the parking company deciding to go to court.
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#2 Reply
Posted by The Rookie on 17 Sep, 2024 14:34
Quote from: b789 on 17 Sep, 2024 14:29
CEL have no jurisdiction to make a clam in Scotland.
It's the court that has any jurisdiction - not a claimant, CEL certainly have standing to make a claim in Scotland (assuming their claim it meets the requirements to bring court action). Not sure why you think otherwise?

#3 Reply
Posted by DWMB2 on 17 Sep, 2024 14:37
But, for the OP's clarity, this charge can still simply be ignored. CEL may well have standing to make a claim, but given the lack of keeper liability, they won't.

jft91 - you'll receive a barrage of letters from CEL and any debt collector they choose to employ, but these will be empty threats.

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#4 Reply
Posted by jft91 on 17 Nov, 2024 20:01
I’ve now received this rather threatening letter. Any advice on what to do? Thanks for your help

#5 Reply
Posted by DWMB2 on 17 Nov, 2024 20:07
I have removed that attachment - you left your full name and home address showing. Debt collectors can be ignored.

#6 Reply
Posted by jft91 on 17 Nov, 2024 20:39
Sorry, didn’t think to blank it out. Just wondered what everyone has done in response to debt collectors letters. Thank you

#7 Reply
Posted by RichardW on 17 Nov, 2024 20:56
Chucked them in the corner just in case anything comes of it in the future (my wife got one a few months ago). You will get maybe half a dozen, getting increasingly shrill, but read carefully and they will say no baliff or court and if you don't pay we will recommend our client to take legal action. Aye, right!

#8 Reply
Posted by b789 on 18 Nov, 2024 01:21
You can safely ignore all debt collector letters. They are powerless to do anything except to try and scare the low-hanging fruit on the gullible tree into paying.

You can ignore them and we don’t need to know about them. They will eventually stop.