County court claim for parking charge incurred in England, Scottish Driver

The_Deep

Well, there is this

http://www.out-law.com/en/topics/dispute-resolution-and-litigation/enforcement/enforcing-england-and-wales-judgments-abroad/

and this

http://www.findlaw.co.uk/law/dispute_resolution/litigation/basics/500437.html

Quite often as British Consul I was asked to serve court papers abroad, mostly Family Court Matters, but some for CCJs.

I find it unbelievable that someone domiciled in Scotland could cross the border, buy a load of stuff on credit, and not be accountable.

HO87

It is possible to issue proceedings against a person who resides out of the jurisdiction - bearing in mind that the small claims court covers only England and Wales. However, PE have failed to adhere to procedure. Unfortunately MCOL effectively enables a claimant to breach procedures by accepting out-of-jurisdiction addresses. For that reason MCOL should not be used and a straightforward form N1 used instead. Before anything else is done an application should be made seeking a court's agreement for out-of-jurisdiction service without which the whole process is ill-founded. CPR Part 6 refers.

Even if service is effected the issue of enforcing payment - if a case is won - becomes more complicated and costly.

Edit: With regard to PoFA in this case. It is applicable as the parking event occurred in the jurisdiction - as the OP willingly accepts. Had the parking event occurred in Scotland then PoFA would not apply. PoFA's application is not determined as a result of where the driver/keeper resides but, as I have alluded to, where the parking event took place.

Stroma

The_Deep wrote: »

Well, there is this

http://www.out-law.com/en/topics/dispute-resolution-and-litigation/enforcement/enforcing-england-and-wales-judgments-abroad/

and this

http://www.findlaw.co.uk/law/dispute_resolution/litigation/basics/500437.html

Quite often as British Consul I was asked to serve court papers abroad, mostly Family Court Matters, but some for CCJs.

I find it unbelievable that someone domiciled in Scotland could cross the border, buy a load of stuff on credit, and not be accountable.

Sorry but those are not really relevant, the first is if you already have a judgement, and the second is if you are foreign national, and out of the uk

Stroma

I disagree HO87 as pofa cannot be used on RKs in Scotland, how would they enforce this liability?

HO87

Stroma wrote: »

I disagree HO87 as pofa cannot be used on RKs in Scotland, how would they enforce this liability?

My point did not relate to the issue of practical enforcement but to that simply of jurisdiction. As I stated the courts of England and Wales have jurisdiction because of the location of the parking event. It would be entirely possible to enforce a judgment but the procedure is drawn out and costly and one would have to ask whether a court would agree to the substantial ramping of costs incurred to enforce a relatively small debt. Practically speaking I doubt that a PoFA liability would be enforced. However, that doesn't change the jurisdictional position.

Stroma

But unless it goes through the court system in England or Wales then realistically it won't go further. There was a thread either linked to on here or one posted on this exact situation in the last few months, it was dismissed on being out of area. It was also by parking eye. Wish I could find it

HO87

Stroma wrote: »

But unless it goes through the court system in England or Wales then realistically it won't go further. There was a thread either linked to on here on this exact situation in the few months, it was dismissed on being out of area. It was also by parking eye. Wish I could find it

I'd guess that they had simply issued proceedings through MCOL. As explained in my earlier post that isn't the way to do it - and PE should know that although I am assuming that at least one member of staff has access to an up to date copy of the CPR which may not be the case. Or, of course, someone isn't referring to it that often.

Umkomaas

HO87 wrote: »

I'd guess that they had simply issued proceedings through MCOL. As explained in my earlier post that isn't the way to do it - and PE should know that although I am assuming that at least one member of staff has access to an up to date copy of the CPR which may not be the case. Or, of course, someone isn't referring to it that often.

They could really do with an in-house solicitor. :cool:

The_Deep

So, do we all agree? The contract, if there was one, was concluded in England, the breach, if there was one, took place in England, and any claim could be heard in any County Court of the appellant's choice

Failure to pay an adverse judgement can affect your credit rating.

The OP,s defence in post number 1 that he is not liable because he lives in'Scotland will not fly.

nigelbb

If the OP contacts the Northampton claims centre & explains that they live in Scotland then the case will be cancelled. It's only because the word 'Scotland' was missing from the address that the papers even got served. MCOL cannot be used if the defendant is not resident in the jurisdiction of the court.