Scottish but ticket in England

twhitehousescat

the offence was in a foreign country with different laws

Le_Kirk

Castle wrote: »

MCOL can't issue papers to a Scottish address.

As I suspected (but wasn't sure) there is your answer OP.

pricklycactus

But its worth doing a rebuttal anyway? Also should I be requesting SAR at this stage?

Fruitcake

pricklycactus wrote: »

But its worth doing a rebuttal anyway? Also should I be requesting SAR at this stage?

An SAR will cost you time, and them time and money. Sup chew, innit. If/when this is finally dropped, you can instruct the scammers to delete your data. Alternatively you could send an SAR a while after it has been dropped to see if they have retained your data, and then complain to the ICO if they have.

Only you can decide how much of your valuable time you want to put into this farce.

As for the LBC, again it's up to you. If you ignore it, BW might try to file a claim in an English court which should get thrown out because of the jurisdiction problem, in which case you may never hear anything about it.
If you rebut it, again it will cost you time and them time and money. It would however being interesting to see what they do if you respond.

Whatever else you do, please do complain to your MP about this unregulated scam.

pricklycactus

I thought it would be interesting to find out what the Citizen's advice in Scotland think on this and their advice is that a CCJ could still be issued and then passed onto the Sheriff's court who could then act on their behalf to collect the money. I'm absolutely convinced it would never go this far for a parking ticket BUT I guess its better to be safe than sorry and show diligence in the process and wasting some of their time and money in the process seems like a worth while pursuit :-)

And yes i will be writing to my MP too (The First Minister no less)

Fruitcake

CAB in England are clueless about private parking charges here, and have been known to give dreadful advice.

I hope your lot are more knowledgeable. It doesn't seem right to me that an English court can issue a CCJ without going through the CC part first, which I don't believe they can do for a person who lives outside the English CC jurisdiction.

Your MP might take a dim view of courts in a foreign country imposing "penalties" on a resident in your home country that has different laws. Why it's enough to make her want to leave the Union! :rotfl:

Umkomaas

I thought it would be interesting to find out what the Citizen's advice in Scotland think on this and their advice is that a CCJ could still be issued and then passed onto the Sheriff's court who could then act on their behalf to collect the money.

How can a CCJ possibly be issued if you're not given the opportunity to defend? In order to issue proceedings (and for you to defend) they will need to do so via the CCBC at Northampton court. The CCBC won't issue a claim to an address in Scotland (and even if it slipped through, you would contest jurisdiction).

Seems a bit of a Catch 22 for the PPC.

I'd go back to the CAB and ask them to explain the detailed logistics of how a CCJ for enforcement through the Sheriff Court would work out. Ask them to confirm it in writing!

echoand

Hi Pricklycactus


I'm in the same boat ie living in Scotland, parking in England. I'm wondering if you've got any words sorted out for the rebuttal that you could share with me?
Many thanks if so.

pricklycactus

Just doing some more reading around this. Can I please confirm what is meant by this in the SAR minimum request section :-
"and remind them that any claim must be for all PCNs in one claim, not several separate claims"

pricklycactus

Apologies I have been away with work and not had internet access.
Just getting on with this now and it would seem like you are now way ahead of me :-)