Scottish but ticket in England

pricklycactus

Hi there I've read through all the newbie stuff but would appreciate some clarification re. the Scotland vs. England aspect.



I'm a car owner, living in Scotland (car registered in Scotland too) but got a ticket in a Britannia car park in England in March 2017. Ticket was purchased in cash at machine for about 6 hours but overstayed by approx 20 mins and the number plate recognition caught it (didn't know it had ANPR!) Letters were ignored and seemed to go away, got nothing for about a year but now I've had a first letter from BW legal (to my new address which they have somehow found)



Assiming BW legal is a debt collection agency(?) the advice in the newbies section states to do

"NOTHING! Unless this is the VERY FIRST letter (England/Wales) in which case, appeal as if it was the 'Notice to Keeper" Does this refer to the fine being in England/Wales, the company issuing the fine being in E/W, or the person being fined?



From what I've read I'm presuming that I need to wait for a final demand from BW L and then an LBCC letter then if that comes request an SAR and only then contact BW legal. However clarification of if the Scotland/England issue changes things would be appreciated



Thanks and best wishes

Guys_Dad

Lots of stuff on here re Scotland. Basically, POFA does not apply to Scotland so they can only chase driver. If you don't admit being driver, then their job is so much harder.

In addition, they would have to use Scottish courts. As I said, your best bet is to search on this forum for SCOTLAND to see tons of previous advice.

The_Slithy_Tove

Guys_Dad wrote: »

Lots of stuff on here re Scotland. Basically, POFA does not apply to Scotland so they can only chase driver. If you don't admit being driver, then their job is so much harder.

In addition, they would have to use Scottish courts. As I said, your best bet is to search on this forum for SCOTLAND to see tons of previous advice.

Wrong way round. The parking event was in England, so POFA does apply (provided all the relevant criteria are met). Not sure whether they can take a Scottish resident to court through the English court system.

Guys_Dad

The_Slithy_Tove wrote: »

Wrong way round. The parking event was in England, so POFA does apply (provided all the relevant criteria are met). Not sure whether they can take a Scottish resident to court through the English court system.

Absolutely right, my mistake.

But the bit about jurisdiction is correct and explained on other threads on SCOTLAND.

Umkomaas

Not sure whether they can take a Scottish resident to court through the English court system

The MCOL/CCBC system should filter out any claim with an address/Post Code in Scotland (I'm led to believe).

Personally, I'd write to BWL a 'put up, or shut up' letter, telling them to immediately commence the court process where the OP will be happy to defend this in the Sheriff Court. Give them a deadline of 2 weeks in which to serve, otherwise the case will be taken to have been discontinued by them.

If they fail to comply (ie they carry on with their threats), then it's a strong complaint to the SRA. Face up to them, nothing worse can happen by doing so, and you (@OP) get on the front foot.

There's no point in tiptoeing around them, months, maybe years, of one letter after the other.

pricklycactus

Thanks for all your advice! I had read all the stuff to do with Scotland but it mostly seemed to be about the opposite situation to mine but you have made it much clearer now that it matters more where the parking incident occurred than where I live!

Given Umkomaas' advice I've drafted a short reply below. If you had time to have a read and make any suggestions for edits I'd be extremely grateful.

Best wishes


BW Legal
address
xxx
xxx


17th December 2018

PCN/redacted

Dear Sirs

Re: LETTER REQUESTING PAYMENT

I am writing to acknowledge receipt of your letter dated 12th December 2018.

Please commence court proceedings immediately where I will be happy to defend myself in the Scottish Sheriff Court.

Court proceedings should be served within 2 weeks of this letter being received (1st January 2019) otherwise I will assume that the case has been discontinued.

Regards

redacted

Umkomaas

......

Should the contents of this letter be ignored and you continue to issue idle threats, I will have no hesitation in referring your conduct to the Solicitors' Regulation Authority and instigate legal proceedings citing continued, unwarranted harassment.

There are better legal brains around the forum than mine - so give this a bit of time to see if anyone else wishes to chip in.

Regards

Are you serious? 'Regards' to someone trying to sue you through the courts? To force-take a chunk of your money from you?

Why not 'Love and kisses', really put it onto a formal business footing! :doh:

pricklycactus

Well I normally always put kind regards so that was me being harsh lol

pricklycactus

but in all seriousness is Sincerely more appropriate here?

Umkomaas

pricklycactus wrote: »

but in all seriousness is Sincerely more appropriate here?

Nope.

'Yours faithfully' is the correct valediction to a 'Dear Sir(s)' salutation.

'Yous sincerely' should follow a more personal 'Dear Mr/Mrs/Miss/Ms xxxxx salutation.

Fruitcake

Well you are being sincere about calling their bluff, so either go with that, or just use [STRIKE]Up[/STRIKE] Yours.