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Scotland ,gladstones letter

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  • Coupon-mad
    Coupon-mad Posts: 151,670 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't read ParkingCowboys which includes stuff that is somewhat out of date. And you didn't read about G24 or Scotland so none of what you read was even valid! Read the BMPA pages instead.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Nostrus
    Nostrus Posts: 31 Forumite
    Sixth Anniversary 10 Posts
    Just a quick point for those saying a CCJ cannot be enforced in Scotland; it can. However, to do so is a lengthy process which involves additional applications to the courts in England, registration of the debt in the Book of Councils and Session in Edinburgh and subsequently the instruction of a Sheriff Officer to serve the documentation.

    I would stress that this doesn't appear to apply in this particular case, but no one in Scotland should make the mistake of believing that a CCJ is not enforceable in Scotland.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    But a claim would have to be raised in England, heard in England, won in England and not paid in time, before a) a CCJ is registered, and b) any of the other steps could be taken.

    A claim in England against a Scottish resident would (should) fail from the outset as the defendant would not fall under English law jurisdiction. Of course the claimant could apply for an "out of jurisdiction" claim, but that's a lot more expensive and may be liable for additional costs if the claim is lost, so PPCs are highly unlikely to ever pursue this.

    Alternatively the PPC could raise a claim in the Sheriff's Court, but very few have attempted this, except for isolated cases - and I don't think any properly-defended claim in Scotland has ever been won.
  • Nostrus
    Nostrus Posts: 31 Forumite
    Sixth Anniversary 10 Posts
    Judicial documentation can be served cross-border and this happens regularly. I do agree that the most straightforward route would be to employ a Scottish solicitor and pursue it through the Sheriff Court, which is permitted through Scottish jurisdiction laws. However this does not negate the possibility of English debt-related documentation being served north of the border.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    Save a Rachael

    buy a share in crapita
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