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English keeper, Scottish location - jurisdiction question

Hi, I'm asking a question on behalf of the keeper who is friend of my mum's (I can get more details if the keeper needs to action it and wants help with it, but I don't know if they have access to a computer or smartphone).

In June 2018 (I need to confirm the exact dates), the driver and two friends were staying at the Premier Inn Glasgow City Centre South, and their car park is managed by Parking Eye.

Does the keeper have anything to worry about since the alleged "offence" occurred in a different jurisdiction to the keeper's residence and PE's office location?

From what I've read on here, I know that PE are less likely to go after a Scottish keeper for an offence since they issue papers from English courts, but what about this combination?
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 14 July 2018 at 10:00AM
    Scottish law prevails for Scottish court claims!

    Has the keeper received a claim from Northampton??

    The Newbies FAQ thread covers PCNs issued for PCNs issued for parking in Scotland.

    Never reveal who was driving
  • Castle
    Castle Posts: 5,022 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    PE can only issue a claim against the driver, if the parking event takes place in Scotland.
  • Umkomaas
    Umkomaas Posts: 44,268 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Does the PE NtK cite PoFA and/or Keeper Liability?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • System
    System Posts: 178,416 Community Admin
    10,000 Posts Photogenic Name Dropper
    If the issue is one where a parking charge shouldn't have been issued e.g a payment was made / no overstay, then get onto Premier Inn either direct, on Twitter or on TripAdvisor.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Half_way
    Half_way Posts: 7,666 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As aboce, this is an issue for premier inn, you ned to remind them that PE are there agents and they are jointly liable for their actions.
    As ever post what you intend to state on here first, and do not make any attempt to guess as to who could have been driving
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • MothballsWallet
    MothballsWallet Posts: 15,974 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks to everyone.

    Half_way: I know who was driving as my mum has told me the story and has already complained to Premier Inn in writing and they've sent their reply to my email (as my mum doesn't have a computer so we put my email address when booking the rooms) stating the usual "the charge stands".

    I don't know whether the keeper wants any help with this so I'll just advise my mum to tell them that Scottish law applies so they do nothing until they get a claim (I think they got the initial PCN + letter with the usual "discount" if paid in 14 days spiel).
  • Umkomaas
    Umkomaas Posts: 44,268 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Does the PE NtK cite PoFA and/or Keeper Liability?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Thanks to everyone.

    Half_way: I know who was driving as my mum has told me the story and has already complained to Premier Inn in writing and they've sent their reply to my email (as my mum doesn't have a computer so we put my email address when booking the rooms) stating the usual "the charge stands".

    I don't know whether the keeper wants any help with this so I'll just advise my mum to tell them that Scottish law applies so they do nothing until they get a claim (I think they got the initial PCN + letter with the usual "discount" if paid in 14 days spiel).

    weird one this , location scotland keeper = england , as I read it , its the PERSON that POFA is aimed at, not the location

    if the keeper is england based then POFa applies , if the keeper is resident in scotland , they come under scottish jurisdiction , and no POFa or even POPLa
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    second thoughts , the land (scotland) would make it non POFa , however they must offer POPLa as the person is england based , therefore driver must not be named and a sure POPLa win
  • System
    System Posts: 178,416 Community Admin
    10,000 Posts Photogenic Name Dropper
    however they must offer POPLa as the person is england based

    They don't have to but they can if they wish
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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