Free Traffic Legal Advice

Hi,

Similar position as others. Keeper received a PCN from Excel parking in a Scottish carpark.

Infringement happened on 06/10/2024
Issue date was 30/10/2024 (24 days)
Received letter on 07/11/2024

Circumstance
Driver paid for 2h parking. Driver got back 10ish minutes late due to circumstances, no ability to extend ticket, so driver bought a new ticket for another hour (entering number plate to get ticket), just to try and be safe.

All that took about another 10 minutes, so was clocked out 22 minutes over the original ticket time.

Driver has the tickets, and keeper was going to appeal, but was advised to potentially just ignore it (or not send the tickets as part of the appeal) because by having the tickets implicates the driver (although wouldn't disclose that).

Questions are
- Does POFA still not apply in Scotland? (It's now November, and was reading that it is supposed to come into force in 2024)
- If POFA was (or is) in play, would it be dated from the contravention date, the issue date or the received date?
- Is there any time periods that voids the ticket issue either 14 or 28 days, or does that only apply to POFA
- Should the PCN be ignored completely?
- If it shouldn't be ignored, what should go into the appeal to give as much evidence as possible without implicating the driver? Should the tickets purchased be included?
- Keeper believes this ticket should be dismissed, mostly on the grounds that 2 tickets we paid for which more than covered the time spent in the carpark -should there be any mention of commercial justification since £100 for a parking infringement is out of order given that for many carparks you pay on exit (which I understand is part of the business model for these types of companies).

Thanks very much, really appreciate any advice given.

Kind regards,
M

PoFA will not come into effect in Scotland this year and if the current pace continues, possible not even next year. There is no Keeper liability in Scotland.

Excel don't know the identity of the driver unless the Keeper tells them. Why would a Keeper tell Excel the identity of the driver? Because they are low-hanging fruit on the gullible tree and don't know any better.

Irrespective of whether the PCNs were Notice to Driver (NtD) affixed to the vehicle windscreen or postal Notice to Keeper (NtK), just continue to ignore. They will start sending useless debt collector letters. Ignore those. We don't need to see of even know about them.

Eventually, they will give up and go seek someone more gullible and ignorant of the law to fund their scam. For now, in Scotland, you are safe from these predators. Don't go trying to be clever by appealing or responding to the PCNs. Use any debt collector letters as kindling or to one the bottom af a litter tray.

Apart from useless debt collector letters, nothing will happen. Nothing can happen. They rely on the recipients being scared and paying up, out of ignorance. You are here and cannot use the excuse of being ignorant.

Whilst there is nothing to stop anyone flouting their “contractual rules” and simply ignoring any PCNs, I believe there was a case several years ago where a person racked up many thousands of £s of PCNs at the same car park. This was not a good idea as once the amount of alleged debt rose above £1,500, it became more worth their while to try and pursue a claim through the Scottish courts.

I don’t remember the precise details of that claim but it would have been very expensive for the English PPC to make a claim in Scotland with all the jurisdictional hurdles and still having to prove that the keeper was also the driver. In short, the case was proven and, as far as I can remember, it cost the defendant over £12k for the charges and a finding of unreasonable behaviour which mean that the claimants costs were also awarded.

For single PCNs, or even multiple ones where the total amount claimed is under £1,500, it simply is not cost effective for them to even try to make a claim, even though they’d still have to prove that the Keeper was also the driver.

You are safe for now, as there is no keeper liability is Scotland. Continue to ignore and they will give up.