PPC - Incident in England, car registered in Scotland. What to do?

bojangles25

Hi,
This is useful information so thanks.. But I'm still unsure of something:

I got a letter from ParkingEye. The incident was in England, but I live in Scotland (and the car is registered in Scotland)... Does that mean I'm safe to ignore? I wasn't clear from the flowchart...

I did use their online appeal form to send them this:

Dear ParkingEye

Thank you for your letter dated xxxx.

I do not agree that I am indebted to you in any way.

If you believe that I am then please will you supply me with full details of the basis upon which you say that an obligation exists.

For the avoidance of doubt, please note that nothing which I receive from you will be treated in confidence even if correspondence which you send to me is marked "confidential".

Yours faithfully

I also only stated I am the registered keeper... not the driver

I'm thinking I only open the wallet for the Police or a Council... Correct?

bod1467

I think you could handle this two ways ...

1. Appeal as per normal (NEWBIES thread), making sure your address is clear (but don't specifically mention Scotland in the appeal). If you're lucky PE may issue a rejection with POPLA code which you could then appeal as per normal and get it killed.

AND/OR

2. Advise PE that you (the RK) live in Scotland, the vehicle is registered in Scotland, and as POFA 2012 doesn't apply in Scotland then there is no keeper liability. (And no, the driver will not be named). If PE wish to waste their time and money then feel free to raise an action in the Sheriff's Court that applies for your locality.

Stroma

It's number two if anything, because if they do reject per number and you get a popla code, popla will immediately cancel the appeal as they have no basis of dealing with appeals north of the border

But if it was me and I'm the RK of the vehicle up North I would ignore them, not even acknowledge anything. They will not try the sheriffs court with no keeper liability IMO

HO87

bod1467 wrote: »

I think you could handle this two ways ...

1. Appeal as per normal (NEWBIES thread), making sure your address is clear (but don't specifically mention Scotland in the appeal). If you're lucky PE may issue a rejection with POPLA code which you could then appeal as per normal and get it killed.

AND/OR

2. Advise PE that you (the RK) live in Scotland, the vehicle is registered in Scotland, and as POFA 2012 doesn't apply in Scotland then there is no keeper liability. (And no, the driver will not be named). If PE wish to waste their time and money then feel free to raise an action in the Sheriff's Court that applies for your locality.

The first suggestion is going to be the easiest.

The second will not and cannot happen. A Scottish court cannot hear a case such as this that relates to an incident within English jurisidiction in the same way that a French court could not. They are entirely different legal systems.

An English county court could hear the case provided that PE applied for out-of-jurisdiction service but the additional costs that PE would incur would seem to be prohibitive. That said, we know very well that every defended case they run at small claims at the moment leaves them substantially out of pocket but they still run them. I'm not sure I would want to goad them to any degree and risk being the first and that is why I suggest the soft appeal/POPLA route.

Stroma

Popla will cancel HO87 they will not hear a case where the RK is out of area.

Iceweasel

There is a third option of course - which Stroma mentioned - to completely ignore them from this point onwards.

Which is what I would have advised in the first place.

bojangles25

Thanks very much but its still contradicting advice

I'm guessing that in order to make me pay, the courts have to be involved, but would that have to be an English court because the incident was in England? I'm so confused

bojangles25

There is a third option of course - which Stroma mentioned - to completely ignore them from this point onwards.

Which is what I would have advised in the first place.

Thanks for that, this is what I plan do do really, but I was confused by the whole England/Scotland crossover thing because I understand that ignoring is not best in England...

Iceweasel

bojangles25 wrote: »

Thanks very much but its still contradicting advice

I'm guessing that in order to make me pay, the courts have to be involved, but would that have to be an English court because the incident was in England? I'm so confused

An English court would only be involved/take action if you had committed a criminal offence.

But this is a civil claim.

As far as the English civil courts are concerned you are a foreigner - no different than if you lived in Timbuctoo or Guatamala.

Nobody is capable of making you, the keeper, pay this nonsense of a speculative invoice for some non-realistic costs pulled out of a hat, like a magician's rabbit.

Stroma

There is no confusion , there is no liability to the registered keeper as you are in Scotland. There will be no small claim against you, there will be no sheriffs court claim against you. My advice is too ignore this.

salmosalaris

ignore
or
if you were not the driver write to PE advising them of such and to refer the matter to the driver