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Scottish Trust Deed Forum
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Topic starter
06/09/2014 8:59 pm
hi
I suppose this is not really a trust deed question as such but hopefully I can get some advice here....
I am in a trust deed just now so obviously money is pretty tight. Last week I got a letter through the post with a picture of my car taken by an ANPR camera saying I had parked for 1 hour 6 minutes in a space where a 30 minute time period was allowed. It was actually my wife who had been using the car.
So we drove to the place and had a look. There was a sign saying 30 minutes but it is a bit vague as to what section of the car park it refers to. It is free to park there, no tickets etc required.
The company who have sent the letter are called Parking Eye. They want £60 in 14 days or then it will be £85 or something like that.
So they have sent the letter to me as I am the registered keeper of the car. They then said if I was not the driver I should tell them who it was.
I have looked it up online and half the people seem to say ignore it, others say just pay it. Some say they have no legal requirement to get me to provide the identity of the driver as it is not a criminal matter only civil.
I know my credit rating is shot already with the trust deed etc but I just don't want to make things worse, but on the other hand I feel this is a rip off charge and would be loathed to pay it. It wasn't even me but the wife is saying just bin it!
What would you guys do?
PS - sorry if this isn't really relevant to the trust deed forum.....
steve
07/09/2014 9:35 am
Hi steve1984.
I have no knowledge of what the consequences of non-payment might be I'm afraid.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
07/09/2014 11:02 am
Ok thanks anyway
steve
Topic starter
07/09/2014 11:04 am
Ok thanks anyway
steve
08/09/2014 8:30 am
Hi steve1984,
It's one of those situations that there can be a lot of so called ÔÇ£expertsÔÇØ telling you one thing and another about paying, not paying and the consequences etc.
I guess it's something you will need to balance up and decide if you will or won't pay.
Unfortunately I'm the same as TDA, I have no knowledge of this so can't give any advice on the matter.
David is not currently posting in the Trust-Deed.co.uk forum
08/09/2014 8:43 pm
Don't worry about it and ignore it. They legally cannot collect the parking charge in Scotland it's against legislation. They can still send you letters etc but there is nothing they can do about it.
Topic starter
09/09/2014 10:23 am
Thanks baller1 I like the sound of that advice. Seems like a rip off to me and we really can't afford to pay out hundred pound for a parking space for half an hour.
steve
09/09/2014 10:27 am
I think there was something in the newspapers recently on this that they have no authority to fine or charge ( or clamp), only to issue an invoice and from memory, there did not appear to be any stated cases which had proceeded to court.
However ( and there is always a however) it is best to seek advice from someone who has a greater knowledge on these matters.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
09/09/2014 10:40 am
I just had a quick read around online on this subject.
There seems to be lots of opinion and no legal certainty.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
09/09/2014 10:51 am
Hi TDA
The only reason I was reading it was because people keep parking in my parking space and I wanted to know the legalities. As you say, it's a bit cloudy, although apparently you definitely can't do what I had planned!!!
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
09/09/2014 11:36 am
We've always had the odd stray car turn up in our office car park. Usually got a note in the window saying something along the lines of "Sorry... broken down" before you see it driving off later on that day.
It went to the next level a few weeks ago when some bloke lay down and slept in one of our parking spaces for an entire afternoon.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
09/09/2014 11:53 am
Ha! I think that might be a bit extreme, especially with the Glasgow weather!
Heard this at the Edinburgh fringe. Guy called his pal to say he had broken down and needed a push. When he turned up he was on a swing crying!
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
09/09/2014 1:36 pm
my reading of it seems to be that they can only send the charge to the registered keeper. That's me. I wasn't the one who parked there so I am not liable for the charge. It says on my letter if I did not drive it I should inform them who was the driver and provide their name and address. Ive read into it and apparently in Scotland there is no legal requirement for me to provide this information except if requested by police etc, not a parking company. So I think I will just ignore it..... and hope for the best!
steve
09/09/2014 2:25 pm
Fingers crossed it works out for you steve1984. You may find you receive some more threatening letters in the future from them.
Haha, what was the reaction of the audience Mark when the comedian told that joke? An uncomfortable silence I'm guessing.
David is not currently posting in the Trust-Deed.co.uk forum
09/09/2014 3:15 pm
Ignore these non enforceable fines!! I have had numerous over the years and not paid any ever!
Paul
Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.
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