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Debt Collector Letter help - Scotland

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  • Debt Collector Letter help - Scotland

    I have received a letter which I believe to be a debt collectors letter claiming my vehicle was parked several times last year in an area and accrued private parking charges.

    I received the NTK's for this and did not respond as per advice on another forum, however I don't believe I received any "final notices". Now I have a letter stating "this letter is your notice that legal proceedings will now commence in your local Sheriff Court" and stating to contact them to pay or seek immediate legal advice.

    Does that mean its a legitimate Letter Before Action and they will actually try and take this to court? I have never had one before so don't know what it looks like and on another forum they are unsure as Scottish claims never usually come up.

    The amount they claim my car accrued is £400 which is low to go after in court if they have to pay £100 to get the case seen and even then may not win.

    I have contacted the land owner and complained in the hopes they get anything cancelled but have not, as yet, heard back. I have gone to Horizon (parking firm) to state I am only the keeper of the vehicle and it is used by numerous people at any one time and I am willing to go to court to state I don't know who was driving the car on any day they claim my car was in the carpark and asked that they cancel the tickets, but I don't know if that was the right move.

    Just trying to get on a front foot with this. Does anyone know how it goes down in a Sheriff Court? is a letter like this sufficient? they haven't given me exact dates, only a ballpark date between x and y last year. There are no links, only one to their website so I can read about CCJ's etc and they haven't sent any forms to complete. Is that how it works in Scotland?

    Also in Scotland do we still have no keeper liability? so if it was to go to court and I can prove or at least be willing to state it wasn't me then it can't come back to me?

    Any and all advice and knowledge is appreciated.
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  • #2
    In Scotland they can only claim against the driver who they cannot possibly know. You could write to them and remind them that there is no keeper liabilty in Scotland so demand that they stop harassing you when you do not have any liability

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    • #3
      Thanks Ostell.

      I thought that was maybe the case still, but I see they are trying to put keeper liability through in Scotland, or at least were. Looks like my MP will be getting an email in the hopes she stands against anything like this if they try to bring it in.

      I have advised Horizon of the no keeper liability thing, I have not engaged with the debt collectors at the moment as reviews state they are quite heavy handed with their harassment and happily will pass themselves off as officers of the law to get what they want. I will perhaps respond to their letter firmly stating the no keeper liability and do as you say.

      I am fully aware they will likely throw the case at me in Scotland which was worth tens of thousands and the driver openly admitted to it being her, but this is not a case like that, so fingers crossed a letter which shows I am willing to fight them will make them back off.

      Comment

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