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

Stroma

Yes I wonder how many default judgements they have had, and how many of those are outside of England and Wales ? May do a foi request on that to the courts

Fergie76

So if PE got a default judgement for someone living in Scotland, would it end up with a CCJ, if left unpaid?

Iceweasel

Notwithstanding that we live in the United Kingdom of Great Britain and Northern Ireland we are discussing international law here.

If someone is domiciled in Scotland, any civil action against them in an English court would be deemed incompetent as the court has no jurisdiction over them.

Scotland and Northern Ireland have their own legal systems and I am disappointed (but not surprised) that so many people fail to recognise this.

I understand that there are procedures for 'out of jurisdiction actions' but that would be a very costly and time consuming procedure.

http://www.govanlc.com/suedinengland.htm

I think if someone was seeking settlement of many thousands then it would be conceivable - but for a parking debt or as an earlier poster said rent arrears it's a hiding to nothing.

And of course it works the other way - we in Scotland have loads of scammers who have cleared off 'South of the Border' to escape their debtors.

Scottish court orders for someone (who has since left Scotland) to pay a debt are to all intents and purposes unenforceable. I speak from experience.

And as for someone who was 'visiting' Scotland - that would be a nightmare and a whole can of worms that I wouldn't wish to open.

spacey2012

I would fill in the defence and request allocation to your local court.
They wont get the court fees back.

fungal

Still in the process of preparing my defence.

Will I get to see the evidence from the claimant before submitting this defence?

nigelbb

Why are you wasting your time preparing your defence? Unless I missed something you are resident in Scotland & PE are trying to take you to court in England. Have you bothered to read any of the advice given? Just contact the court & explain that you live in Scotland & they will cancel the case.

fungal

Thanks nigelbb... I have read the advice and the first two parts of my defence relate to the Scottish question.

I was being thorough and thought it best to include any other defences in case this advice turns out not to wash in court. I'm anxious enough about this to wonder if it's really that simple.

Are you saying that all I need to do is telephone the court to explain?

nigelbb

fungal wrote: »

Are you saying that all I need to do is telephone the court to explain?

YES! We had someone on the forum last year with just the same story as you & that's exactly what they did. That's how we know about PE submitting claims to Northampton but omitting 'Scotland' from the address. Whether that is deliberate or an oversight who knows? PE have been held by a judge in court to be guilty of the tort of deceit so I leave you to decide.

fungal

Wow! That's a ray of hope! I'll give that a try [STRIKE]in the morning[/STRIKE] on Monday.
Thanks