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County court claim for parking charge incurred in England, Scottish Driver
Comments
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I'm not sure. I don't think English small claims court papers can be validly served on a Scottish address. (Remember we are talking civil court here, not criminal court).0
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Surely the fact that the deed was done in England means that you can be taken to court in England.
No not the case with small claims cases, and being in scotland.
Now if you had been stopped by the police in say Birmingham for something like drink driving then you would have to appear before Birmingham Magistrates courtProud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0 -
Surely the fact that the deed was done in England means that you can be taken to court in England.
No because claims are always heard in a local court to the defendant, and as there are no county courts in Scotland, and there being a different legal system there, a claim from one jurisdiction cannot be heard in another.
It being in England and the RK being in Scotland means that their whole claim is not valid as they are trying to use POFA 2012 there, and are claiming against the RK when they have no right too.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 -
So, if I let one of my flats to someone and they do a moonlight owing me thousands, and they take up residence in Scotland, are you saying that there is nothing I can do about it?
How come therefore I was able some years ago when I was renting, to successfully sue my landlord in the SCC who lived in Belgium for the return of my deposit? I think that sticks have been grasped wrong endedly here.You never know how far you can go until you go too far.0 -
So, if I let one of my flats to someone and they do a moonlight owing me thousands, and they take up residence in Scotland, are you saying that there is nothing I can do about it?
How come therefore I was able some years ago when I was renting, to successfully sue my landlord in the SCC who lived in Belgium for the return of my deposit? I think that sticks have been grasped wrong endedly here.
No thats not correct.
You would have to issue your claim using the scottish court service and the claim would be managed in the sherriffs courtProud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0 -
What is not correct? Are you saying that I have no recourse though civil law if a tenant does a flit to Scotland, or that I do have such recourse.
As I have already stated, I had no problem in suing a landlord for breach who was living in Belgium.
I find it difficult to believe that someone can swerve a claim for breach of contract or trespass because they do not live in the jurisdiction in which the claim arose.
How come one can sue for libel in a jurisdiction of one's choice.You never know how far you can go until you go too far.0 -
Can you please keep this to the topic at hand, I am sorry but this is not helping the OP of this thread, if you want to discuss this thing about tenancies then do it in another thread dedicated to that.
In regards to this, they can sue for breach of contract, but it it has to be done in the Sherrif's Court, not the English/Welsh small claims trackWhen 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 -
I am trying to ensure that the OP is not being given incorrect advice, as I believe to be the case.
The question therefore of landlords suing tenants and vice versa is therefore very much to the point.You never know how far you can go until you go too far.0 -
I am trying to ensure that the OP is not being given incorrect advice, as I believe he is.
The question therefore of landlords suing tenants and vice versa is therefore very much to the point.
Okay tell us why you believe this is so, and I will point out that there are no county courts in scotland, and county courts only normally cover england and walesWhen 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 -
Can I also point out that they are using Schedule 4 of the Protection of Freedoms Act 2012 to get keeper liability on this, the problem is that legislation does not cover Scotland, and is only for Wales and England. So the claim could be dismissed simply on that point.
You I am sorry to say are not conversant in this, and are out of your depth. Its not a criticism or not a devaluation of your opinion, but you must understand the companies involved as well, that takes time and effort to learn their practices.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
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