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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Have been reading your atricle regarding POPLA , is the legislation

Resolved Question:

Have been reading your atricle regarding POPLA , is the legislation applicable allover the UK or is Scotland different
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I parked for too long in a shops car park that was just about empty, at night whilst at a cinema. Couple of weeks later received a photo of car and a demand for money (so called fine). I was both advised and read on the web that these fines are not enforcable being no more than an invoice for services that I had not requested, and that all correspondence should be ignored. Have since had more demands and today warned that the next step is a solicitor applying to the courts for debt recovery. All the advice info that I can glean seems to be relating to England and Wales .

Expert:  Jo C. replied 3 years ago.
Yes, it is different in Scotland.

You need to be careful about the advice on the internet. A lot of it is nonsense.

These fines are enforceable. They have been enforceable. They have a perfectly valid claim against you.

What they have though is a claim that is hard to enforce and not particular cost effective to do so. For that reason, most people are not sued.

The Protection of Freedoms Act is not in force in Scotland but that just means that the law will not presume the driver to be the registered keeper if he doesn't identify the driver within 28 days.

They will send you very threatening letters though. They will keep writing. It doesn't matter unless you actually get a court summons.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for the info so far, question is, do I reply to them or continue to ignore

Expert:  Jo C. replied 3 years ago.
It depends how much risk you want to take.

The only way to stop them dead is to pay in full.

If you are not happy to do that then I would ignore them. Responding doesn't really achieve anything and just gives you an opportunity to give them evidence to use against you.
Customer: replied 3 years ago.

OK thank you for that.


Regards

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/