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

System

The_Deep wrote: »

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.

One of the things that it states in the guidance is

You can use the service from anywhere in the UK, but only against someone with an address in England and Wales.

They need to raise a claim through the Scottish system but as they are doing under POFA they will fail as it does not exist in the Scottish legal system

Coupon-mad

The_Deep wrote: »

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.

Nope. Nigelbb has posted the answer above, which as we thought, is that the defendant is out of jurisdiction for MCOL.

Stroma

The_Deep wrote: »

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.

No as been explained above, but you need to understand that you don't get a choice of county court it goes to the nearest one to you. Now as someone in Scotland could potentially have to drive a couple of hundred miles to the nearest one it's not going to happen.

And as Nigel said above parking eye are abusing the system by omitting Scotland out of the address, something I said on my first couple of posts on here.

The_Deep

So, to clarify matters, the only way that the OP can be sued is in a Scottish court for an alleged breach committed in England under English [URL="file://\\Lawv"]Law.[/URL]

Stroma

The_Deep wrote: »

So, to clarify matters, the only way that the OP can be sued is in a Scottish court for an alleged breach committed in England under English [URL="file://\\Lawv"]Law.[/URL]

That's the problem, they cannot be sued under English law as this is Scotland, to my knowledge it hasn't been tested in a sherrifs court, so we don't really know how a judge there will interpret pofa 2012 and keeper liability. Plus this happened outside of area and their jurisdiction.

Also to add onto to the complication is the BPA Code of Practice, it doesn't take into account this, and despite asking them multiple times the bpa will not answer the question on this situation. And by the way it is the other way as well English/Welsh motorists in Scotland, though I haven't heard of a case yet

bod1467

As has been said, because POFA2012 does not apply in Scotland (or NI) then in those countries there is no registered keeper liability, so only the driver can be pursued. Court claims by PPCs are almost invariably made against keepers, so their claims have no merits against Scottish and NI residents.

Iceweasel

The_Deep wrote: »

So, to clarify matters, the only way that the OP can be sued is in a Scottish court for an alleged breach committed in England under English [URL="file://\\Lawv"]Law.[/URL]

Good luck with that.

That just isn't going to happen.

It's totally out of jurisdiction. No civil court in Scotland will entertain such a thing.

Same as if the alleged debt had been incurred in Nigeria or Australia.

Now if it was a criminal court and they were alleging a criminal deception that would be another thing altogether.

I'm not a lawyer but I think anyone wanting to go down that road for a £100 so-called parking 'debt' would need deep pockets and be prepared for a long drawn out case.

trisontana

I am sure that somebody has stated either on here or on PePipoo that as soon as Northampton see a Scottish address, they just cancel the whole thing.

bod1467

trisontana wrote: »

I am sure that somebody has stated either on here or on PePipoo that as soon as Northampton see a Scottish address, they just cancel the whole thing.

Which is why PE apparently "forget" to make it clear the address is Scottish.

HO87

To clarify my earlier point and to correct a misapprehension. It is entirely possible to issue proceedings against someone resident outside the jurisdiction in respect of an act/omission that occurred within it or in respect of a contract which determines the jurisdiction as England and Wales - but it must be done with the leave of the court. Please read CPR Part 6!

Such a case should not be issued through MCOL. The fact that the system does not recognise Scottish addresses as being outside the jurisdiction does not make its acceptance of them "legal", so to speak. Which is where PE are going wrong. Its probably - being charitable - also an indication of either the standard of education filing clerks are given these days or that they really do switch into automaton mode when inputting data.

However, the practical enforcement of any judgment is another matter and - were the procedure to be followed - the costs and the length of the process would make it impractical IMHO.

One wonders how many cases PE and others have issued against Scottish residents that they have obtained default judgments in?