Parking Eye notice by post - parked in England Live in Scotland

Sistersurround

:huh:Hi, Looking for some clarification please.

Details: Parking Eye notice sent by post to registered keeper in Scotland.
Driver parked in private car park in England to attend an evening event at the venue
Ticket machine not working and numerous other 'customers' having problems making payment after parking.
Driver attempted to phone number on signage at machine but automated unmanned service and no option to report fault.
Photograph of this phone record taken on driver's mobile phone showing date and time corresponds with that on notice issued
Due to attending evening event driver was not carrying credit cards and suchlike to potentially complete phone/internet transaction

Queries:
Newbie thread indicates that appeals process in Scotland different. Does 'Scotland' in this instance apply to registered keeper address or location parked?

Would the advice be to complain to land owner?
Query if anyone able to pay that evening? As clearly there was a group of people perplexed at what to do when they could not make a payment.
Or appeal directly to parking Eye on basis failure to pay was due to their technology fault and should photograph attempting to report issue be included - would this assist?
Would anyone ignore? If driver not identified and was pursued at court would this be in England or Scotland?

Thanks in advance!
:huh:

pappa_golf

umm , read the newbies thread https://forums.moneysavingexpert.com/discussion/4816822


CAREFULLY read the section about Scotland , and do NOT get in communication with them


POFa2012 does not apply in Scotland , therefore they can only go after the driver , not the reg keeper

LoveNorfolk

They can't pursue you for this. You can happily ignore this as POFA 2012 does not apply in Scotland. You can write to them to tell them they can't pursue you if you want to (not naming the driver of course!), but just ignore away, they can send you all the letters under the sun but cannot take you to court or anything as far as I know.

beamerguy

The only info they have from the DVLA, and that is the keeper of the vehicle AND THE SCOTTISH ADDRESS.

Has to be the driver they go after and you are not going to tell them that, PE already know that

I am unsure if they could drag you into an english court, doubt it but others on here will tell you

pappa_golf

nope , you demand your local court (Scotland)

Coupon-mad

Sistersurround wrote: »

:huh:Hi, Looking for some clarification please.

Details: Parking Eye notice sent by post to registered keeper in Scotland.
Driver parked in private car park in England to attend an evening event at the venue
Ticket machine not working and numerous other 'customers' having problems making payment after parking.
Driver attempted to phone number on signage at machine but automated unmanned service and no option to report fault.
Photograph of this phone record taken on driver's mobile phone showing date and time corresponds with that on notice issued
Due to attending evening event driver was not carrying credit cards and suchlike to potentially complete phone/internet transaction

Queries:
Newbie thread indicates that appeals process in Scotland different. Does 'Scotland' in this instance apply to registered keeper address or location parked?

Would the advice be to complain to land owner?
Query if anyone able to pay that evening? As clearly there was a group of people perplexed at what to do when they could not make a payment.
Or appeal directly to parking Eye on basis failure to pay was due to their technology fault and should photograph attempting to report issue be included - would this assist?
Would anyone ignore? If driver not identified and was pursued at court would this be in England or Scotland?

Thanks in advance!
:huh:

This same issue: ''notice by post - parked in England Live in Scotland'' was covered only yesterday!

https://forums.moneysavingexpert.com/discussion/5535057

Because PE are litigious (although they've not yet tried in Scotland) I would appeal and win at POPLA as explained there, even though you are in Scotland. DO NOT state who was driving, you can say 'we' to keep it vague, and make sure the name you put in online for the appeal is the person on the PCN (registered keeper) so it matches.

I prefer that than advising you to ignore, simply because you can have a POPLA code in this case due to the location in England.

I would not submit a template appeal. I would just say this as the appeal and add clearly that you stay in Scotland so cannot be pursued (as explained in the other thread linked):

Driver parked in private car park in England to attend an evening event at the venue
Ticket machine not working and numerous other 'customers' having problems making payment after parking.
Driver attempted to phone number on signage at machine but automated unmanned service and no option to report fault.
Photograph of this phone record taken on driver's mobile phone showing date and time corresponds with that on notice issued

Sistersurround

Many thanks all for taking the time to post comments and advice.

HO87

pappa_golf wrote: »

POFa2012 does not apply in Scotland , therefore they can only go after the driver , not the reg keeper

LoveNorfolk wrote: »

They can't pursue you for this. You can happily ignore this as POFA 2012 does not apply in Scotland. You can write to them to tell them they can't pursue you if you want to (not naming the driver of course!), but just ignore away, they can send you all the letters under the sun but cannot take you to court or anything as far as I know.

This is incorrect. The infraction took place in England and Wales and it is the location of the parking event that determines the legal jurisdiction not where the vehicle keeper may happen to reside. POFA therefore applies and provided that PE's paperwork is compliant and they are able to give the required documents within POFA timescales then there is no good reason why the cannot go after the keeper.

That having been said in order to issue proceedings against a Scottish resident PE would have to apply to the court for out-of-jurisdiction service. This would mean that the case could not be issued using MCOL and would require personal attendance at their local court by a Chorley office-wallah. PE's entire business model is predicated on least expenditure and using the MCOL service as a bolt-on to their own court conveyor belt. For that reason I think it unlikely that PE will issue proceedings.

That said PE have surprised us before (they used to be the least litigious of PPC's - and look at them now). For that reason I suggest that the OP goes down the route of a POPLA appeal before PE are tempted. At some point they might just be.

pappa_golf

HO87 , thanks for clarification on "out-of-jurisdiction service". however if PE (or other companies) did go down this route , would POFa apply if the case was being heard under Scottish law, or could they only chase the driver of the vehicle ?

The_Deep

Out of jurisdiction service would be expensive.


When I was Consul in Houston I was asked by the Court to serve papers on a local businessman. I drove across town and served the, then drove back. I billed the court for three hours at £80 an hour.

pappa_golf

OK , but can PE rely on the POFa if the court case is being heard in a Scottish court ?