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Scotland 'event'. Live in England.
Comments
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From memory, some PPCs who operate in Scotland have a head office in England.
So that would be an English company pursuing a motorist who lived in England using an English court.
So all this hinges on whether or not POFA 2012 covers transgressions in Scotland.
Now I have read POFA and it seems that paragraph 3 is the defining paragraph along with preceding definitions, but I can't actually work out if land outside England and Wales is in or out as I am not a lawyer.
zzzlazydaisy - where are you when we need you !! (joking)0 -
Pofa 2012 is England or Wales only, when it was being enacted Wales were about 2 weeks behind England in making it law. No aspect of this can be used outside of the jurisdiction of England and Wales . The Scottish parliament would have had a say in this if it went there.
In fact the bpa wants popla and the laws around pofa 2012 to be extended to them. I can't see it happening to be honest as the Irish and Scottish won't bend over and accept this.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
(Sorry Stroma I am not being deliberately obtuse, just trying to get my head around this.... Kisses....)
In Guy's Dad's scenario, what if the PPC was pursuing the driver? Say the RK had inadvertently admitted being the driver, or say the RK identified the driver.
Then we have a driver with an English address, no reliance on POFA, a PPC based in England issuing in the English CC.
My logic tells me that the court still has no jurisdiction because the contract was made in Scotland. Unless the signs had words to the effect of 'the laws of England and Wales apply' and were big enough for a driver to read.
And the signs didn't get spray painted by Scottish patriots....I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
I can't see it to be honest, but I would like to know the circumstances of Dundee Uni issuing claims in England/Wales, why were they making claims south of the border? How could they make a claim there when there is no keeper liability?When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
OP hasn't been around much since original posting. Suggest no point in bumping our gums until he comes back with some further detail.
Plenty more to help with precious resources.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
Wow! My thread seems to have generated a lot of debate while I was out visiting my parents.
1. No communication has yet been received from the PPC.
2. The motorway service area is 'managed' by CP Plus - I have had previous dealings with them a couple of years ago in England (ignored them, DRP & Zenith with the usual success) and so fully expect them to try and scam my relative.
By starting this thread I was just trying to decide how best to advise them - either soft appeal + POPLA or Ignore.0 -
soft appeal
...could be interesting to try! As long as it's written carefully as the Registered Keeper ONLY (no talk about the incident or the driver). Asking a simple short question: i.e. 'why and how exactly does CP Plus believe that a registered keeper can possibly be liable because the keeper denies liability, the Notice to Keeper is misleading - and this is my appeal as keeper' (don't even remind them the case was in Scotland, don't even mention that in the heading!!).
It will be hilarious if they cite POFA 2012 and offer a POPLA code!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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