Parking Eye

mattmalet

Hi,

I have received a PCN from parking Eye from a site in Scotland.

The car is registered in England and the offices of parking eye appear to be on Chorley.

Do I ignore the letter, as it happened in Scotland, or go through the appeals process with your template as the car is registered in the UK?

Also in the newbie help section it says that there isn't an appeal process in Scotland, so do I have to pay it, do I ignore it completely or do an appeal as if it was issued in an English carpark?

Any help gratefully received.

Umkomaas

Any private parking charges in Scotland can only be issued against the driver. If they don't know who the driver is, it cannot be pursued against the keeper (as they can do in England and Wales via PoFA legislation).

So no contact with PE and definitely never reveal who the driver might have been.

Ignore everything unless you receive a Letter Before County Court Claim from PE or real court papers - extremely unlikely in Scotland.

Quentin

mattmalet wrote: »

Also in the newbie help section it says that there isn't an appeal process in Scotland, so do I have to pay it, ....

If you have read the newbies FAQ then you know not to pay it


Re read the newbies FAQ to see why there is no need to appeal regarding tickets issued in Scotland!

mattmalet

Thanks for the advice.

It just seems an unusual case, getting 'done' as it where is Scotland, but having the car and the parking firms offices both in England.

kaffenback

mattmalet wrote: »

It just seems an unusual case, getting 'done' as it where is Scotland, but having the car and the parking firms offices both in England.

Not that unusual: I am in the exact same position having received an NTK at the beginning of August from UKPC (also England based) re parking in Scotland, my vehicle is also registered in England. Following the advice on here I have been in ignore mode throughout and not heard anything futherabout it yet, but I gather UKPC may have their minds on other things at the minute.

kaffenback

Qoute lifted from my thread on Pepipoo:

"Consumers cannot be taken to court outside their jurisdiction by a company so you cannot be taken to civil court in Scotland when you live in England and visa versa."

If true then excellent news, and surely no possibility of court action re parking on private land in Scotland, even against a known driver from England? Hope it is true!

bod1467

That's actually false ... they CAN issue out of jurisdiction, but must make a specific out of jurisdiction claim (which may be a lot more expensive to pursue). They CAN'T issue via MCOL for an out of jurisdiction claim.

kaffenback

Cannot link to my thread there or relevant link on Out-law but:

The ECJ said that yes it should, and that the ECJ had the authority not only to tell the court to do that but to advise it on the criteria to be used in judging a contract term fair or unfair.
"The jurisdiction of the Court of Justice extends to the interpretation of the concept of ‘unfair term’ used in Article 3(1) of the Directive and in the annex thereto, and to the criteria which the national court may or must apply when examining a contractual term in the light of the provisions of the Directive, bearing in mind that it is for that court to determine, in the light of those criteria, whether a particular contractual term is actually unfair in the circumstances of the case," said the ruling.
The ruling follows an ECJ judgment from last year in which a woman was told that legal action against her by her mobile phone provider would take place in a court 275 miles away.
The ECJ said in that case that courts have not just the right but an obligation to assess the fairness of jurisdiction clauses, and that only if courts do that will consumers be protected.

PE have raised claims in the UK on Scottish addressed claimants and once the Northampton SC court has realised its outside their jurisdiction they cancelled it.

I am interpreting that to mean that if, say, you live 500 miles from the court it would be unfair? But you are saying it could be brought to an English Small Claims Court and heard there, but in practice would be expensive to do and would have to be dealt with under Scottish law?