HighView Parking/GroupNexus Factoring of Debt - Scotland

[Guest]

Following having to buy out of a CCJ against Euro Car Parks (to the tune of £5000) due to what can only be described a criminally poor legal advice in Scotland regarding PCN's, I have now received a Notice of Debt Recovery from DCBL Ltd on behalf of Highview Parking Ltd.

This is the first I have heard of an PCN which was apparently issued in June 2017 (THREE YEARS AGO!) for a vehicle I am no longer the registered keeper of.

Attempts to dispute this have failed. DCBL Collections line advises to email their Collections Team (not happening). Highview Parking Ltd (now apparently part of GroupNexus who oddly have no confirmation of their regulatory body) cannot find any details of the PCN, likely because they have sold the debt to DCBL and advise to email appeals@appealpcn.co.uk,

Can anyone PLEASE offer some advice relevant to Scotland and this utter nonsense? I will not go through yet another court proceeding.

Thanks so much.

[ostell]

Scotland, POFA not applicable, only driver liability. Liability cannot be passed to the keeper if driver unknown. Have you identified the driver? Yes or No.

[QueryMonkey]

Hi Ostell,

Thank you for so promptly responding. No I have not identified the driver, however my previous case this was also a defence. The Sheriff in my previous case advised that this is based on a Law of Probability so if a driver can be identified, the probability is that the registered keeper of the vehicle is liable, despite the fact I was not the driver and could not identify the driver at the time.

Could you possibly advise, at the current stage of debt recovery by*DCBL who can a defence be lodged against? Highview Parking, DCBL or the appeals@appealpcn.co.uk? And is there a standard form that can be used?

Thank you.*

[ostell]

DCBL are acting siply as debt collectors and can safely be ignored.* THeir letter should say that they are no acting as High Court Enforcement officers.

[ploddertom]

THeir letter should say that they are no acting as High Court Enforcement officers.

Even if they have not they would have no jurisdiction in Scotland and would need to jump through a few hoops first.

*

[QueryMonkey]

Even if they have not they would have no jurisdiction in Scotland and would need to jump through a few hoops first.

Hi bud, thanks for replying - the problem is these posturing scumbags*do operate in Scotland. They have operation in Hamilton, Glasgow.*

They say nothing of acting as High Court Enforcement but have included the fun statement 'Failure to do so (repayment) will result in us recommending to our client the commencement of legal action against you'.

I'm guessing this is why the advice is generally to ignore debt collectors however this does lead to legal Notices of Claim being issued by Scottish Courts since the legal system allowed these unregulated criminals to buy their way into the legislation in 2014.

[ostell]

If they recommend court action to their client then they get nothing, not the best business model.

[ploddertom]

They may have an office in Hamilton but only as a debt collector. Enforcement from the Courts in Scotland is carried out by Sheriffs Officers.

[QueryMonkey]

If they recommend court action to their client then they get nothing, not the best business model.

I'll be honest I actually laughed at that Ostell

*

[Leaf]

ScottishSolicitor*

[ScottishSolicitor]

the Scottish courts are not processing any new cases at the moment in any event due to Covid. How much is the debt?

[QueryMonkey]

ScottishSolicitor

The apparent debt is around £150. As above, this has only been communicated via DCBL three years after the alleged breach with no confirmation evidence or details provided. Any advice would be welcome.

[CarolynKing]

When I was opening my business I didn't know what factoring is. I have opened an Italian Restaurant in Los Angeles, and I even couldn't imagine that I will have so many customers. I didn't have enough money to buy all the ingredients for the food, so at the end of the day, a lot of ingredients were missing. When I started to lose clients because of this a Los Angeles factoring company gave me a short-term credit for paying all the bills, and when I got the profit I returned them the money. Without their help, I wouldn't be able to open a second restaurant in such a short time.
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https://factorforyou.com/california-factoring/