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Ben Jones
Ben Jones, Solicitor
Category: Scots Law
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Experience:  UK Solicitor
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Hi, I too have recieved a park fine from homebase, I have taken

Resolved Question:

Hi, I too have recieved a park fine from homebase, I have taken the advice of others and ignored them but they are now talking about court action. What do I do? Do they have legal ground in 2013 to do so?
Thanks joe
Submitted: 1 year ago.
Category: Scots Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have they actually issued against you?
Customer: replied 1 year ago.
No they have not. I have recieved a letter saying this is the last time they will contact me with a reduced payment offer before court proceedings
Expert:  Ben Jones replied 1 year ago.
Thank you and do you wish to know whether they can sue you or not?
Customer: replied 1 year ago.
I am unsure the company that is trying to recover the money is debt recovery plus, they acting on behalf of total parking solutions. I have read many forums on the matter and say just to ignore them but I do not want to do this and end up getting a CCJ against my name
Thanks
Expert:  Ben Jones replied 1 year ago.
What you have been sent is just a standard debt collection letter. It does not mean that they will take this any further or issue legal proceedings against you. Such threats are routinely made in the hope that many people would just pay rather than face potential legal action, even if that is not what the company would have actually done.

If they go ahead and sue, and you lose then as long as you pay within 28 days it will not show on your credit history.

In any event, if they sue, this is a private land fine and you can defend by asking them to prove the adequacy of signs and the actual losses they have incurred as a result of your actions. Also, if you are in Scotland they have to prove that you were the driver of this vehicle and unless you have admitted it there is no easy way of doing that.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 1 year ago.
Thank you Ben, so would you recommend that I just ignore the letters as advised ?. Also I have not admitted that it was myself driving however, the letter is addresses to Joseph mearns, both of which myself and my father are named. Does this pose a problem?
Thanks joe
Expert:  Ben Jones replied 1 year ago.
Many people ignore these letters and apart from further threats, will not face any formal legal action. They would have simply sent the letter to the registered owner, but that is not the driver of the car, which they need to prove. the fact you share a name with your father will not be an issue

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.
Ben Jones, Solicitor
Category: Scots Law
Satisfied Customers: 38652
Experience: UK Solicitor
Ben Jones and 2 other Scots Law Specialists are ready to help you

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