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    • Vimtola
    • By Vimtola 8th Mar 17, 6:03 PM
    • 14Posts
    • 0Thanks
    Scotland ,gladstones letter
    • #1
    • 8th Mar 17, 6:03 PM
    Scotland ,gladstones letter 8th Mar 17 at 6:03 PM
    Although I read the forum guides I am still unsure, the parking charge was from a B and M store area, many months ago. The latest letter is from gladstones, do I still ignore this? They don't know who was driving. I don't have the old letters from G 24,.
    The boards advice re scotland , is to ignore charge letters, but how come gladstones issue standard letters to scotland, where the law is different? From England? The letter threatens cc , which don't exist here.
Page 2
    • Vimtola
    • By Vimtola 8th Mar 17, 10:56 PM
    • 14 Posts
    • 0 Thanks
    I trust you guys on here, yep golf course lol
    • Coupon-mad
    • By Coupon-mad 8th Mar 17, 11:23 PM
    • 52,728 Posts
    • 66,253 Thanks
    Don't read ParkingCowboys which includes stuff that is somewhat out of date. And you didn't read about G24 or Scotland so none of what you read was even valid! Read the BMPA pages instead.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Nostrus
    • By Nostrus 15th Mar 17, 2:58 PM
    • 17 Posts
    • 9 Thanks
    Just a quick point for those saying a CCJ cannot be enforced in Scotland; it can. However, to do so is a lengthy process which involves additional applications to the courts in England, registration of the debt in the Book of Councils and Session in Edinburgh and subsequently the instruction of a Sheriff Officer to serve the documentation.

    I would stress that this doesn't appear to apply in this particular case, but no one in Scotland should make the mistake of believing that a CCJ is not enforceable in Scotland.
    • DoaM
    • By DoaM 15th Mar 17, 5:10 PM
    • 3,743 Posts
    • 3,801 Thanks
    But a claim would have to be raised in England, heard in England, won in England and not paid in time, before a) a CCJ is registered, and b) any of the other steps could be taken.

    A claim in England against a Scottish resident would (should) fail from the outset as the defendant would not fall under English law jurisdiction. Of course the claimant could apply for an "out of jurisdiction" claim, but that's a lot more expensive and may be liable for additional costs if the claim is lost, so PPCs are highly unlikely to ever pursue this.

    Alternatively the PPC could raise a claim in the Sheriff's Court, but very few have attempted this, except for isolated cases - and I don't think any properly-defended claim in Scotland has ever been won.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Nostrus
    • By Nostrus 15th Mar 17, 5:34 PM
    • 17 Posts
    • 9 Thanks
    Judicial documentation can be served cross-border and this happens regularly. I do agree that the most straightforward route would be to employ a Scottish solicitor and pursue it through the Sheriff Court, which is permitted through Scottish jurisdiction laws. However this does not negate the possibility of English debt-related documentation being served north of the border.
    • pappa golf
    • By pappa golf 15th Mar 17, 5:45 PM
    • 8,000 Posts
    • 8,356 Thanks
    pappa golf
    BW now have a scottish branch
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