Scottish but ticket in England

KeithP

pricklycactus wrote: »

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"

Looks like there might be several PCNs issued with the same circumstances and the suggestion is that these should all be amalgamated into one Claim.

Not sure why that is in a SAR though.

Umkomaas

I'd just be writing to BWL and the parking company and remind them not to harass you any further with empty threats, but to get on with issuing court proceedings. You've told them once, so they need to get on with it - or FRO!

I can't spot, from a quick skim back over all the posts on this thread, whether you've told us who the parking company is - can you remind us please?

KeithP

It's Britannia.

Umkomaas

KeithP wrote: »

It's Britannia.

BWL seem to have scooped up unpaid tickets from a number of hitherto non-litigious PPCs, from new threads on the forum, Britannia being one of their largest scoops. There will have been tens of thousands, maybe many, many more.

The details will have been funnelled into the BWL system, possibly electronically, and off the conveyor belt goes, churning warnings and LBCs on an industrial scale. There's every possibility that no one will have noticed your Scotland address.

So when you write to BWL, I'd be warning them that unless they comply with your requirements outlined in your letter (get on with proceedings or desist from harassing you), you will be making a formal complaint against them to their regulatory body, the SRA.

Carry out the threat if necessary.

Guys_Dad

I have advised in the past about claims served outside England would fail but have read this recently https://www.moneyclaimsuk.co.uk/out-of-jurisdiction.aspx

You can file a claim in your local County Court or in the High Court against someone in Scotland (or in fact anywhere within the EU) under Civil Procedure Rules, using an additional 'Service out of the Jurisdiction' form N510.

Certainly they would have difficulty enforcing a winning claim, but a default judgement would still be on your credit record.

That's what I have found on the Web but am I missing something?

pricklycactus

Guys_Dad wrote: »

I have advised in the past about claims served outside England would fail but have read this recently https://www.moneyclaimsuk.co.uk/out-of-jurisdiction.aspx

You can file a claim in your local County Court or in the High Court against someone in Scotland (or in fact anywhere within the EU) under Civil Procedure Rules, using an additional 'Service out of the Jurisdiction' form N510.

Certainly they would have difficulty enforcing a winning claim, but a default judgement would still be on your credit record.

That's what I have found on the Web but am I missing something?

This is the just of what Citizens Advice Scotland were saying to me.

I don't mind taking this all the way so long as its the same kind of system as the CCJ, where if you lose (which it hopefully wouldn't come to!) you pay the fine and fees straight away and don't get any kind of black mark against your name.

waamo

AIUI the forms for out of jurisdiction have to be filled out manually. Ppc's file everything electronically as it's easier and cheaper for them.

pricklycactus

Umkomaas wrote: »

BWL seem to have scooped up unpaid tickets from a number of hitherto non-litigious PPCs, from new threads on the forum, Britannia being one of their largest scoops. There will have been tens of thousands, maybe many, many more.

The details will have been funnelled into the BWL system, possibly electronically, and off the conveyor belt goes, churning warnings and LBCs on an industrial scale. There's every possibility that no one will have noticed your Scotland address.

So when you write to BWL, I'd be warning them that unless they comply with your requirements outlined in your letter (get on with proceedings or desist from harassing you), you will be making a formal complaint against them to their regulatory body, the SRA.

Carry out the threat if necessary.

It certainly doesn't refer to Scotland in any meaningful way on the address of the letter. Its basically only my local area and the postcode BUT in the last letter you suggested to them, I invited them to start proceedings against me ASAP in Scottish Sheriff's court so surely that SHOULD have alerted them to it.

I haven't heard anything from them since the LBC received on the 28th December. If they do try and file - when should I expect to hear something?

Given what Guy's Dad has kindly alerted me to about possible claims outside England, I think I will go through normal procedure, as if it is a standard situation within England, and do an SAR and rebuttal. That way I am still fully prepared if they decide to give it a go in Scotland. Also, it appeals with me, as Fruitcake says, to waste a bit more of their time and money.

Guys_Dad

pricklycactus wrote: »

This is the just of what Citizens Advice Scotland were saying to me.

I don't mind taking this all the way so long as its the same kind of system as the CCJ, where if you lose (which it hopefully wouldn't come to!) you pay the fine and fees straight away and don't get any kind of black mark against your name.

The good thing is now that you have the facts, you are in a position to plan your strategy.

The one point that you should investigate further is the one about which court you could demand it is heard in. If you lived in England, you have the right to nominate a court but I don't think you can nominate a Scottish Court. If you could, then Keeper liability and POFA might not be applicable under Scottish Law, even if the event was in England. But I am not sure at all on this, so check it out for yourself.

Umkomaas

Guys_Dad wrote: »

I have advised in the past about claims served outside England would fail but have read this recently https://www.moneyclaimsuk.co.uk/out-of-jurisdiction.aspx

You can file a claim in your local County Court or in the High Court against someone in Scotland (or in fact anywhere within the EU) under Civil Procedure Rules, using an additional 'Service out of the Jurisdiction' form N510.

Certainly they would have difficulty enforcing a winning claim, but a default judgement would still be on your credit record.

That's what I have found on the Web but am I missing something?

This is for other readers, as I'm sure you realise GD that the linked website isn't that of MCOL, rather a fee-charging agency prepared to do the work for you - for a fee.

Go to their second page 'Start Claim' and see how much it will cost to try to recover £200. Then, right at the bottom of that page in a yellow banner 'Sorry this service is currently unavailable' - I wonder why?

This isn't to say it's not possible to serve a claim in Scotland, but their Simple Procedure may just prove anything but for roboclaim processing. Time will tell ......