Private parking fine letter for offence two Years ago?

[MissChief]

Just want to ensure my advice to my mum who got the letter last week. Private parking company sent a fine letter for overstaying in the local Asda car park. In March 2024. She sold the car not long after this to the daughter of a friend and they have said they didn’t receive any letters that they responded to or anything to say they didn’t own the car then.

As this is in Scotland, and there is no pictorial proof provided mum can simply not engage with them at all and nothing will happen? I believe only the driver can be fined in Scotland, not the registered keeper, and the fine letter should have been within 14 days of the offence, not a few days shy of two years later?! The company is just chancing that the recipient will panic and just pay up, right?

[KungFuPanda]

The fact that she sold the car not long after the infraction is a red herring. She was still the registered keeper and the driver at the time of the event so the private parking company and their legal representatives can still pursue her.

[GasEngineer]

KungFuPanda said:

The fact that she sold the car not long after the infraction is a red herring. She was still the registered keeper and the driver at the time of the event so the private parking company and their legal representatives can still pursue her.

The point the OP was making is that the new keeper did not get any letters. If they had they would have passed them on.

[MissChief]

GasEngineer said:

KungFuPanda said:

The fact that she sold the car not long after the infraction is a red herring. She was still the registered keeper and the driver at the time of the event so the private parking company and their legal representatives can still pursue her.

The point the OP was making is that the new keeper did not get any letters. If they had they would have passed them on.

And the offence was nearly two years ago!

[BertBert]

MissChief said:

And the offence was nearly two years ago!

And presumably, it is technically not an offence and not a fine.

[Hungry Pigeon]

KungFuPanda said:

The fact that she sold the car not long after the infraction is a red herring. She was still the registered keeper and the driver at the time of the event so the private parking company and their legal representatives can still pursue her.

Is it not the case that there's no keeper liability in Scotland (where the infraction occurred)?

[Red Devil]

Hungry Pigeon said:

KungFuPanda said:

The fact that she sold the car not long after the infraction is a red herring. She was still the registered keeper and the driver at the time of the event so the private parking company and their legal representatives can still pursue her.

Is it not the case that there's no keeper liability in Scotland (where the infraction occurred)?

Correct. Part 8 of the Transport (Scotland) Act 2019 remains prospective (i.e. has yet to come into force) - https://www.legislation.gov.uk/asp/2019/17/part/8

[MissChief]

Red Devil said:

Hungry Pigeon said:

KungFuPanda said:

The fact that she sold the car not long after the infraction is a red herring. She was still the registered keeper and the driver at the time of the event so the private parking company and their legal representatives can still pursue her.

Is it not the case that there's no keeper liability in Scotland (where the infraction occurred)?

Correct. Part 8 of the Transport (Scotland) Act 2019 remains prospective (i.e. has yet to come into force) - https://www.legislation.gov.uk/asp/2019/17/part/8

So while the fine/charge has been sent to my mum as the registered keeper, she's under no obligation to pay it or engage at all with the company?

[dundarach]

How much is peace and quiet worth.

Did she park, should she have paid, does she like a quiet life, I do, I'd pay up and forget about it.

or

Is she 'ard like people on here, think two years allows them an excuse, because any excuse is better than taking responsibility for things, loves a fight, thinks the world is out to get them and their job is sticking it to the 'man'; don't pay.

Either die on the hill or pay up!

[Apologist]

dundarach said:

How much is peace and quiet worth.

Did she park, should she have paid, does she like a quiet life, I do, I'd pay up and forget about it.

or

Is she 'ard like people on here, think two years allows them an excuse, because any excuse is better than taking responsibility for things, loves a fight, thinks the world is out to get them and their job is sticking it to the 'man'; don't pay.

Either die on the hill or pay up!

I like that!

My initial response to the OP’s situation would be to fight, but after sitting down with a coffee and editing a few bird photos, I’d appreciate how lucky I am and just pay.

Avoid stress if at all possible, especially if it can escalate to bailiffs knocking on your door.

[Hungry Pigeon]

MissChief said:

Red Devil said:

Hungry Pigeon said:

KungFuPanda said:

The fact that she sold the car not long after the infraction is a red herring. She was still the registered keeper and the driver at the time of the event so the private parking company and their legal representatives can still pursue her.

Is it not the case that there's no keeper liability in Scotland (where the infraction occurred)?

Correct. Part 8 of the Transport (Scotland) Act 2019 remains prospective (i.e. has yet to come into force) - https://www.legislation.gov.uk/asp/2019/17/part/8

So while the fine/charge has been sent to my mum as the registered keeper, she's under no obligation to pay it or engage at all with the company?

You could just ignore it but if it were me, and for my own peace of mind, I'd be inclined to write back and say (a) I was merely the registered keeper of the vehicle at the time and not the driver who allegedly committed the infraction, (b) I am no longer the registered keeper of the vehicle, (c) as it is almost two years after the date of the alleged infraction I have no idea who was the driver, and no way of finding out, and (d) I now consider the matter closed and will not be responding to any further communications concerning this alleged infraction.

[Super Sonic]

dundarach said:

How much is peace and quiet worth.

Did she park, should she have paid, does she like a quiet life, I do, I'd pay up and forget about it.

or

Is she 'ard like people on here, think two years allows them an excuse, because any excuse is better than taking responsibility for things, loves a fight, thinks the world is out to get them and their job is sticking it to the 'man'; don't pay.

Either die on the hill or pay up!

This is why.
The more people pay these phishing scams, the more prevalent they will get.
Why do you think shoplifting has become so prolific? It is because they are allowed to get away with it.

[dundarach]

Super Sonic said:

dundarach said:

How much is peace and quiet worth.

Did she park, should she have paid, does she like a quiet life, I do, I'd pay up and forget about it.

or

Is she 'ard like people on here, think two years allows them an excuse, because any excuse is better than taking responsibility for things, loves a fight, thinks the world is out to get them and their job is sticking it to the 'man'; don't pay.

Either die on the hill or pay up!

This is why.
The more people pay these phishing scams, the more prevalent they will get.
Why do you think shoplifting has become so prolific? It is because they are allowed to get away with it.

This is why the world is now full of idiots!

It's not a scam is it, OP said his mum sold the car, they know it was her car parked there, either pay or deny it, but it's not a scam.

Shoplifting is so prolific because people don't or can't take responsibility for their actions and blame everything else in the world, rather than themselves, I'd argue proving my point entirely!

[E-bmw]

dundarach said:

Super Sonic said:

dundarach said:

How much is peace and quiet worth.

Did she park, should she have paid, does she like a quiet life, I do, I'd pay up and forget about it.

or

Is she 'ard like people on here, think two years allows them an excuse, because any excuse is better than taking responsibility for things, loves a fight, thinks the world is out to get them and their job is sticking it to the 'man'; don't pay.

Either die on the hill or pay up!

This is why.
The more people pay these phishing scams, the more prevalent they will get.
Why do you think shoplifting has become so prolific? It is because they are allowed to get away with it.

This is why the world is now full of idiots!

It's not a scam is it, OP said his mum sold the car, they know it was her car parked there, either pay or deny it, but it's not a scam.

Shoplifting is so prolific because people don't or can't take responsibility for their actions and blame everything else in the world, rather than themselves, I'd argue proving my point entirely!

^^^^ Wot 'e said.

It is always somebody else's fault!!!!

Snowflake generation, if you do right or do wrong, just "own it".

[fooman]

The question "Is there a loophole in Scotland where if I don't declare who was the driver I get off" is technically true but from a thread on another forum the registered keeper got a CCJ because they then ignored all further correspondence and the magistrate decided they were liable in their absence. They did get the CCJ reversed as technically they were right but it seemed a lot of stress considering their partner (who was driving) had actually overstayed the parking.

[Super Sonic]

E-bmw said:

dundarach said:

Super Sonic said:

dundarach said:

How much is peace and quiet worth.

Did she park, should she have paid, does she like a quiet life, I do, I'd pay up and forget about it.

or

Is she 'ard like people on here, think two years allows them an excuse, because any excuse is better than taking responsibility for things, loves a fight, thinks the world is out to get them and their job is sticking it to the 'man'; don't pay.

Either die on the hill or pay up!

This is why.
The more people pay these phishing scams, the more prevalent they will get.
Why do you think shoplifting has become so prolific? It is because they are allowed to get away with it.

This is why the world is now full of idiots!

It's not a scam is it, OP said his mum sold the car, they know it was her car parked there, either pay or deny it, but it's not a scam.

Shoplifting is so prolific because people don't or can't take responsibility for their actions and blame everything else in the world, rather than themselves, I'd argue proving my point entirely!

^^^^ Wot 'e said.

It is always somebody else's fault!!!!

Snowflake generation, if you do right or do wrong, just "own it".

So you don't think a parking firm sending a penalty notice almost two years later is phishing?
And you think if you get a penalty charge from nearly two years ago, for a car you have sold, and you don't know who was driving it at the time, you have done wrong and should own it? I disagree.
Out of interest, who do you consider to be the snowflake generation?

[MissChief]

Super Sonic said:

E-bmw said:

dundarach said:

Super Sonic said:

dundarach said:

How much is peace and quiet worth.

Did she park, should she have paid, does she like a quiet life, I do, I'd pay up and forget about it.

or

Is she 'ard like people on here, think two years allows them an excuse, because any excuse is better than taking responsibility for things, loves a fight, thinks the world is out to get them and their job is sticking it to the 'man'; don't pay.

Either die on the hill or pay up!

This is why.
The more people pay these phishing scams, the more prevalent they will get.
Why do you think shoplifting has become so prolific? It is because they are allowed to get away with it.

This is why the world is now full of idiots!

It's not a scam is it, OP said his mum sold the car, they know it was her car parked there, either pay or deny it, but it's not a scam.

Shoplifting is so prolific because people don't or can't take responsibility for their actions and blame everything else in the world, rather than themselves, I'd argue proving my point entirely!

^^^^ Wot 'e said.

It is always somebody else's fault!!!!

Snowflake generation, if you do right or do wrong, just "own it".

So you don't think a parking firm sending a penalty notice almost two years later is phishing?
And you think if you get a penalty charge from nearly two years ago, for a car you have sold, and you don't know who was driving it at the time, you have done wrong and should own it? I disagree.
Out of interest, who do you consider to be the snowflake generation?

My point exactly. As far as I can make out the charge should have been sent within 14 days as well.

[dundarach]

MissChief said:

Super Sonic said:

E-bmw said:

dundarach said:

Super Sonic said:

dundarach said:

How much is peace and quiet worth.

Did she park, should she have paid, does she like a quiet life, I do, I'd pay up and forget about it.

or

Is she 'ard like people on here, think two years allows them an excuse, because any excuse is better than taking responsibility for things, loves a fight, thinks the world is out to get them and their job is sticking it to the 'man'; don't pay.

Either die on the hill or pay up!

This is why.
The more people pay these phishing scams, the more prevalent they will get.
Why do you think shoplifting has become so prolific? It is because they are allowed to get away with it.

This is why the world is now full of idiots!

It's not a scam is it, OP said his mum sold the car, they know it was her car parked there, either pay or deny it, but it's not a scam.

Shoplifting is so prolific because people don't or can't take responsibility for their actions and blame everything else in the world, rather than themselves, I'd argue proving my point entirely!

^^^^ Wot 'e said.

It is always somebody else's fault!!!!

Snowflake generation, if you do right or do wrong, just "own it".

So you don't think a parking firm sending a penalty notice almost two years later is phishing?
And you think if you get a penalty charge from nearly two years ago, for a car you have sold, and you don't know who was driving it at the time, you have done wrong and should own it? I disagree.
Out of interest, who do you consider to be the snowflake generation?

My point exactly. As far as I can make out the charge should have been sent within 14 days as well.

But it isn't phishing is it, they didn't pay for the service they undertook.

Just because it's late and the company appears to be hopeless, doesn't change the situation only your perception of responsibility.

[pinchmeimdreamin]

dundarach said:

MissChief said:

Super Sonic said:

E-bmw said:

dundarach said:

Super Sonic said:

dundarach said:

How much is peace and quiet worth.

Did she park, should she have paid, does she like a quiet life, I do, I'd pay up and forget about it.

or

Is she 'ard like people on here, think two years allows them an excuse, because any excuse is better than taking responsibility for things, loves a fight, thinks the world is out to get them and their job is sticking it to the 'man'; don't pay.

Either die on the hill or pay up!

This is why.
The more people pay these phishing scams, the more prevalent they will get.
Why do you think shoplifting has become so prolific? It is because they are allowed to get away with it.

This is why the world is now full of idiots!

It's not a scam is it, OP said his mum sold the car, they know it was her car parked there, either pay or deny it, but it's not a scam.

Shoplifting is so prolific because people don't or can't take responsibility for their actions and blame everything else in the world, rather than themselves, I'd argue proving my point entirely!

^^^^ Wot 'e said.

It is always somebody else's fault!!!!

Snowflake generation, if you do right or do wrong, just "own it".

So you don't think a parking firm sending a penalty notice almost two years later is phishing?
And you think if you get a penalty charge from nearly two years ago, for a car you have sold, and you don't know who was driving it at the time, you have done wrong and should own it? I disagree.
Out of interest, who do you consider to be the snowflake generation?

My point exactly. As far as I can make out the charge should have been sent within 14 days as well.

But it isn't phishing is it, they didn't pay for the service they undertook.

Just because it's late and the company appears to be hopeless, doesn't change the situation only your perception of responsibility.

It was 2 years ago,how is she supposed to remember who was driving the on a particular day ?

[matchmaker]

fooman said:

The question "Is there a loophole in Scotland where if I don't declare who was the driver I get off" is technically true but from a thread on another forum the registered keeper got a CCJ because they then ignored all further correspondence and the magistrate decided they were liable in their absence. They did get the CCJ reversed as technically they were right but it seemed a lot of stress considering their partner (who was driving) had actually overstayed the parking.

Link?