NTK from UKPC - Overstaying car park time limit in Scotland

[Edinburghguy]

Hi,

Yesterday I received a NTK regarding my car being left a month ago in a McDonalds car park for exceeding the time limit. The driver met a friend and was in McDonalds the whole time which could be proved via bank statement showing the McDonalds payment and McDonalds CCTV. It happened late at night so was dark and the driver saw no warning signs upon entering the carpark.

I've had a read at the advice on various sites including here and some of it is contradictory so im hoping someone can clarify a few things please?

Many sites say as I'm in Scotland to just ignore the NTK and any follow up letters from UKPC or debt companies but this makes me nervous - am I safe to ignore?

Given that its taken a full month since the date on the letter to receive the NTK should I just use the statement used on other threads to tell them they have failed to comply etc etc and not to contact me again?

I understand I do not have to identify the driver but im worried that as keeper, I could end up with further charges/impacts on my credit file - if I respond as the keeper using the statement from other threads is that likely to be an end to the matter?

Appreciate any advice before I decide to ignore completely or respond as the keeper...

Thanks in advance
N

[Edinburghguy]

As an update, after following a link on this site to the British Parking Association's code of practice, it states the following (under the "Scotland" section:

33 Serving parking tickets by post

33.1 If you use ANPR or camera equipment to monitor the use of the parking facility, you may serve parking tickets generated by the equipment. You will need to apply first to the DVLA for the keeper details of the vehicle.
33.2 To give drivers early notice of your claim, you should apply to the DVLA for the keeper details promptly. The target time to apply to the DVLA for keeper details is no more than 14 days after the unauthorised parking event. You must apply no more than 28 days after the unauthorised parking event.
33.3 You must post the parking ticket to the keeper as soon as possible. Your target is to send the parking ticket to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA, and no more than 35 days after the unauthorised parking event. The time limit you have to notify the keeper is no more than 28 days after receiving the keeper data from the DVLA and no more than six months after the unauthorised parking event.

Does this not mean they have 35 days to send me notification of the parking charge and not 14 days as the statement suggested to others implies?

Apologies for questioning this - I don't mean to come across as disrespectful but when I read the paragraph above its left me unsure..

Thanks again
N

[Edinburghguy]

Hi, is anyone able to offer me any advice on the above?

thanks
N

[ostell]

Scotland? then ignore. Without the driver details they are lost as POFA does not apply in Scotland.

[Edinburghguy]

Thanks Ostell, thought as much but searching various sites left me a bit confused as some said I should write back as the keeper to confirm I was under no obligation to name the driver and wouldn't be doing so.

I'll ignore and hope this just goes away - will update this thread if I need any further advice/clarification

Thanks for taking the time to reply, much appreciated
N

[ostell]

They will continue to write to the keeper in the hope that the keeper relents and writes or phones them and slips up and identifies the driver.

[Edinburghguy]

So i just continue to ignore anything that comes through the post be it from the parking company or any debt collection agencies?

Am I right in saying that there is a small chance this could end up in court if I just do nothing? Appreciate its unlikely but I've never had any kind of parking fine/charge before (in 26 years of driving!) so would be good to understand all possible outcomes however unlikely!

[ostell]

Just come back if you get a letter before claim (unlikely)

[Edinburghguy]

Not sure what that is but I'll assume if I get one it'll be clear that that's what it is :-)

Thanks
N

[ostell]

Yes, they will be threatening to take you to court if you do not pay within 30 days. I don't think it will go that far, but then some of the parking companies are not that bright.

[Edinburghguy]

Hello again Ostell

Since my previous posts I've ignored a few letters but wanted to check the latest one with you to double check its not the one you were referencing above (letter before claim).

Hopefully ive attached it correctly, do I ignore this one too? It reads like they are going to take court action but I think they are just saying thats what they recommend so i think i can ignore?

[ostell]

No it's just a threat that they hope will frighten you into paying. Perhaps it nearly worked !!!

DRP are mere debt collectors and cannot issue a claim. A letter before Claim will come from UKPC themselves or their solicitors. Beware the DRP letters that pretend to be from solicitors.

[Edinburghguy]

I cottoned on but I can see how it could frighten folk into paying! Thanks for confirming - will continue to ignore unless I get a letter before claim, at which point i'll be back.

Appreciate your time, cheers