UKPC Scotland threat to RK

kaffenback

Hi all, have a thread on Pepipoo re a PCN from UKPC for parking in Scotland, with me as RK resident in England (same username, title UKPC PCN/NTK Scotland-ignore?). All is going well with the planned ignoring but I am curious about the wording on the third letter from UKPC, their Final Reminder, which although not threatening to pursue the RK for the actual parking charge, states:

"If necessary, UKPC may commence proceedings against you in a Sheriff Court for the outstanding interest and court costs."

Could this have any theoretical legal legitimacy, notwithstanding the jurisdiction issues etc?

Herzlos

Not at all. You're not in jurisdiction for a Sheriff Court and UKPC can only make a claim against the driver, which you're not obligated to tell them. It's purely scare tactic to get people to give in, but you know better

Continue to ignore everything from them.

Did the letter mention POFA 2012?

HO87

+1

That said it is possible to apply to the Sheriff Court for permission to issue proceedings out-of-the-jurisdiction (much as can be done before the County Courts in England & Wales for service in Scotland). The costs involved would be significant and UKPC would have to ask for (and pay for) and attend at least one hearing in Scotland before they could do anything. Any self-respecting Sheriff is going to ask what the hell they think they are doing launching such a process to pursue £100.

Herzlos

They'd presumably also have to convince the Sheriff at that point that the case has a reasonable chance of success.

All in it's not really worth it for them when they can just send a few threats and give up.

kaffenback

OK I am fairly comfortable re the risk of UKPC pursuing me via out-of-jurisdiction proceedings, but in theory could a threat to pursue an RK who was resident in Scotland for interest and court charges have any legal weight, without the driver being known?

EDIT: @Herzlos no there is no mention of keeper liability, PoFA 2012 or even POLPA in any of their letters- they must have done their homework on this (possibly on seeing the deep water CEL are in) as the letters are clearly carefully reworded versions of the England & Wales versions as seen on the UKPC paper chain thread on Pepipoo.

bazster

As stated, theoretically it's possible but the costs and legal hurdles would be significant. I'd suggest that it ain't going to happen.

bazster

kaffenback wrote: »

OK I am fairly comfortable re the risk of UKPC pursuing me via out-of-jurisdiction proceedings, but in theory could a threat to pursue an RK who was resident in Scotland for interest and court charges have any legal weight, without the driver being known?

I thought you said the RK was resident in England?

Where the RK is in Scotland and the parking "event" was in Scotland I'd say they haven't a cat-in-hell's chance of getting anything out of the RK for any reason whatsoever.

kaffenback

bazster wrote: »

I thought you said the RK was resident in England?

Where the RK is in Scotland and the parking "event" was in Scotland I'd say they haven't a cat-in-hell's chance of getting anything out of the RK for any reason whatsoever.

Sorry yes I am resident in England, I was just curious re the legitimacy of the threat of pursuing an RK for interest and court charges in Scotland, regardless of RK's residency.

Herzlos

There have been no successful court claims in Scotland against the registered keeper.

In fact, there have been very few successful claims in Scotland against the (identified) driver, either. Most of the time the parking companies drop it at the last minute.

They won't touch keepers in Scotland, they definitely won't touch keepers in England. But they won't tell you that, obviously.

bazster

kaffenback wrote: »

Sorry yes I am resident in England, I was just curious re the legitimacy of the threat of pursuing an RK for interest and court charges in Scotland, regardless of RK's residency.

OK, well as I said they haven't a chance. The law in Scotland is what it is, they can't touch the keeper for anything.

kaffenback

Cool so it is just a bluff, whilst being careful not to fall foul of the the law in the way that CEL appear to have.

I await various love letters from Debt Recovery Plus and Zenith