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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
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I have just received a debt recovery letter re a parking

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I have just received a debt recovery letter re a parking ticket which I know nothing about it was for parking in Disabled bay at the Glasgow Fort shopping centre (I was with my mother who has had lung cancer and has been refused a blue badge).there was NO ticket on my car and I have never received any correspondence until this Debt recovery letter arrived today.
Should I pay ? I have tried to contact them several times today .
Many thanks
Thank you for your question. My name is ***** ***** I will try to help with this.
Who is the issuer of this fine please?
Customer: replied 2 years ago.

I Don/t know because I dont have original ticket and Debt co told me earlier when I eventually got to speak to them that they have sent 3 letters I have received none .Debt Co is DRP

Do they refer to an original issuer?
Usually they refer to the creditor.
Customer: replied 2 years ago.

Hi no all it refers to is the client

Is there anyway you can scan it and upload it?
It is important to find out what is the basis for their action.
Customer: replied 2 years ago.

Hi yes I can do that tomorrow morning can you please give me your email

If you send it to***@******.*** but include a link to this post so the mods know it is for me.
Customer: replied 2 years ago.

ok thankd I will do it 1st thing tomorrow

No problem.
All the best
Customer: replied 2 years ago.

Thank you

You are welcome.
Customer: replied 2 years ago.


Please find attached letter from Debt Recovery Co.I have also emailed it to email you provided yesterday.

Many thanks


Attachment: 2015-05-16_074856_parking_fine.pdf

This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.
A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.
This is essentially an invoice arising from a civil dispute arising from an alleged agreement whereby you agree to park for a fee. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract. That is what is in dispute.
Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the penalty if he does not disclose the details of the driver within 28 days.
All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer a small amount for their loss.
Hope this helps. Please let me know if you need more information.
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