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Smart Parking Ltd Debt Recovery Plus

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  • Smart Parking Ltd Debt Recovery Plus

    Hi,

    The attached letter was received. Scotland.
    the charge date is last May - over one year ago. This is the first that has been seen about any such charge.
    Is this enforceable?

    They appear to have been contacting the keepers registered address which is out of date and have used a ‘tracing service’ to reach the address.

    Thanks.
    Tags: None

  • #2
    Originally posted by wcms View Post
    Hi,

    The attached letter was received. Scotland.
    the charge date is last May - over one year ago. This is the first that has been seen about any such charge.
    Is this enforceable?

    They appear to have been contacting the keepers registered address which is out of date and have used a ‘tracing service’ to reach the address.

    Thanks.
    Have you ID'd who was driving at the time of the alleged contravention? (I'm guessing no, but just to confirm the fact.)
    If not, don't, as there is no transfer of liability from driver to keeper in Scotland, it is going to be difficult for the parking company to pursue.
    Add to the mix that it is generally too expensive for the parking company to take single pcn's to court there, it is extremely unlikely to ever be litigated.

    Oh, & you can safely file & ignore DRP stuff...they have no locus standi to action the matter (privity of contract).
    Do not waste a single second on them.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Thanks.
      Neither the receiver of the notice nor the keeper have communicated in any way with the sender (DRP).
      I am not sure if they have a photo or suchlike of the driver. Nothing of that nature has been received. But like I say, it appears they were mailing an old address previously, so may have sent something like that in earlier correspondence.

      Comment


      • #4
        Even if their cameras did show the driver in the car I can't think how they would be able to use it to identify the name and address of the driver.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          Tbh, as it is a Scottish issue, if it were me I'd just wait to see what happens, if anything.
          Unless the driver can be ID'd it's unlikely to go any further than speculative threat-o-grams from DRP*.

          *Don't Respond

          Period
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

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