Keeper in Scotland, Incident in England

Abcynthia

I'm going to preface this with please don't shout at me. I've read the newbie thread and tried to take in as much as I can, it's just A LOT of information to take in and muddle through.

Very quick run down. Driver parked in private car park, went to pay by card at their machines as it said there was a machine that accepted cards, to find card slot taped over. Driver then ran to find a nearby shop to get change, but none, so left the car park, all within 15 minutes.
This happened in England, but the keeper stays in Scotland. I understand rules are different, but I'm not 100% where the keeper stands here. There is no picture evidence on the keepers side because this is not somewhere the keeper stays near, but the parking company provided pictures of the car, taken on a phone. It was not a window ticket, but one received through the post.

Keeper has now received 3rd letter saying it is their intentions to now take it to County Court if not paid within 14 days. Keeper hasn't responded up until now due to dealing with major mental health issues, but this is now adding to them. Which template letter should be used at this stage?

Thank you in advance for any help.

Umkomaas

Which parking company?

Abcynthia

Northwest Parking Management Ltd

Umkomaas

Date of parking event?

Windscreen ticket or one issued via post?

Date of issue of the first postal communication?

Abcynthia

Date of parking event : 09/09/2018

Ticket issued by post

Date of Issue of notice 12/09/2018 (Notice to Keeper)

Umkomaas

As the incdent took place in England and you live in Scotland, you have/had two options.

1. Appeal using the NEWBIES FAQ sticky, post #1 initial appeal, and as this PPC is a BPA operator, you could have appealed successfully to POPLA and got this killed off. As you are now beyond the PPC's 28-day time limit for appeal, this route now looks closed to you.

2. Ignore everything sent to you unless the PPC attempts some half-arsed attempt at issuing court papers. They would need to go through a highly convoluted process to get an incident in England adjudged in Scotland (I'm not a legal expert, but it may well be a legal impossibility).

Now, given this mob have never attempted a single court case in the E/W courts (a far easier task than would be the case compared to pursuing you via the Scottish courts) I'd say you're safe as long as you continue to keep your head down.

http://www.parkingappeals.info/companydata/Northwest_Parking_Management.html

tboo

Just to give a helping hand.


When you state 'stays in Scotland' what's this mean.



Is your V5, driving licence, bills etc the Scottish address or is it just a lodging place?

Abcynthia

Thank you so much for your help.
I can't tell you how much I appreciate it.

Abcynthia

tboo - The V5 is registered in Scotland, the keeper lives in Scotland, driving licence registered to Scotland and all bills are in Scotland. No ties to England in any way.

System

These tickets / claims are automated. If it were to progress to a claim, their normal process of using MoneyClaimOnline does not apply as that is specifically for England and Wales. To mount a claim in Scotland for an incident south of the bieder would cost more that they could ever get back - so they don't do it.

Just file the paperwork and keep a low profile.

Iceweasel

I have the same residence as you and I often get these speculative invoices from PPCs for alleged 'parking events' in England.

Ignore completely and you'll get 5 or 6 letters at approx monthly intervals - each threatening progressively scarier dire consequences which simply cannot take place in Scotland if you do not contact them and tell them who the driver is/was.

Reply to them in any way (even to tell them to get lost) and they realise that you are unsure or unaware of the law in Scotland and they'll keep the letter series going for anything up to a year.

They are simply trying to scare you into paying.

They are even suggesting that they are going to take you to 'County Court' - there are no such things in Scotland.

You are outwith the jurisdiction of English County Courts.

So keep on ignoring them and any Dept Collector letters that my arrive too.

The only thing not to ignore is genuine court papers.

But you are more likely to win the Lottery than that happen.

But if it does - come back here where plenty people will give you info on how to defeat them and make them look very stupid indeed.