Free Traffic Legal Advice

I’m just copying a reply I just posted to you on a similar thread: https://www.ftla.uk/private-parking-tickets/horizon-parking-pcn-exceeded-maximum-stay-period-anpr-tesco-silverburn/

East Kilbride is in Scotland.

If the registered keeper is also resident in Scotland, then ensure that the driver is not identified, because there is no legal way to transfer liability from the driver to the registered keeper. The Protection of Freedoms Act 2012 does not apply in Scotland.

If all this is the case, the normal advice is to “appeal” as the registered keeper stating that the driver has not been identified and will not be identified, and therefore registered keeper can not be held liable and therefore will not be paying their invoice on behalf of the driver. They will doubtless deny the “appeal” and waffle on about the driver being able to use POPLA, but this should be ignored, as should all letters from debt collectors. It’s unlikely that a formal Letter of Intimation will be issued by a solicitor but, even if it is, it won’t result in a successful prosecution. As long as the driver is not identified.

In this case, is the appeal sent to the DCBL?

Also, is it reasonable to appeal both tickets at the same time as they are both addressed to me, the keeper?

No, and No.

You appeal to the operator. If they say you’ve missed their appeal deadline, you don’t bother. Do not engage with DCBL in any way. Be aware that DCB Legal is not to be ignored, it’s not the same firm.

Send separate appeals for separate notices, as appropriate. Don’t combine one appeal for two notices, even if the wording is identical.

Horizon is the operator who sent the original PCN. Issued 6 April 2025 for a “breach” on 24 February 2025. In England this would be too late to transfer liability. In Scotland it’s not possible to do so anyway. The PCN gave you a limited time to appeal after 6 April 2025 which has long passed.

You could have replied to Horizon when you received the PCN in 2025. Did you receive it and ignore it, or did you not receive it? In any case, we are where we are.

DCBL has no power whatsoever, and uses red ink to frighten you into paying.

Ignore DCBL but not anything from DCB Legal in future. They will likely bluster and threaten and use red ink but they have no legal basis for pursuing you, the registered keeper, if the driver has not been identified.

You had poor advice but it doesn’t matter, and you should always ignore debt collectors such as DCBL. Current advice is that you should always engage with a NtK, even if it’s to contest/deny/appeal it.

Come back if you get a Letter of Intimation (I think that’s what it is in Scotland) or indeed anything from DCB Legal. You may or you may not. As long as you don’t identify the driver, they have no ability to make the registered keeper liable.

Debt collectors have no power, are not party to any claim, and are only on commission for extracting money from people by sending threatening letters with increasing amounts of red ink.