Newcastle Airport UKPPO BW Legal collective defence group

Coupon-mad

They could start a Scottish claim under the Simple Procedure, but in practice, they won't.  Keep all the letters just in case and tell them if you move house within 5 years, so you don't miss anything.  No saying who was driving. No replying.

excaliburrrr

Coupon-mad said:

They could start a Scottish claim under the Simple Procedure, but in practice, they won't.  Keep all the letters just in case and tell them if you move house within 5 years, so you don't miss anything.  No saying who was driving. No replying.

Thak you, that was an excelent steer. Does that mean they cannot raise a claim in an English court?

Coupon-mad

If they did, you could apply to contest jurisdiction (instead of acknowledging and defending the claim) and ask the court to order that your fee (£100 I think) for the application woud be paid by the Claimant. 

I know I said don't reply...but it's OK as long as you choose your words carefully.  If you want to face this head on, why not respond - without saying who was driving of course - and tell them:

 ''I stay in Scotland.  I am outside the jurisdiction of the English courts and if you file a claim in England I will contest jurisdiction and will ask the court to order that you pay my costs for that application, due to your negligence in failing to file a claim properly.    If you try to file a claim in the Scottish courts then you would be pursuing a registered keeper regarding non-relevant land and the concept of 'keeper liability' has still not been enacted in Scotland and nor is such law retrospective.  Good luck with that...I suggest you cease and desist with your harassment of this registered keeper.''

...or words to that effect.  Might make them move your case onto the ''too difficult'' pile.

Redx

It is also why it's not specific to Scotland , it applies anywhere other than England and Wales , so we have had similar issues raised by people in Germany , Australia , Canada , Northern Ireland and many other countries , where the same advice given above applies

Yes they could do it , yes people can contest jurisdiction for various reasons , where they pay a fee etc

In this thread at least one person paid the fee and contested jurisdiction , I believe the case was dropped and the claimant reimbursed the fee (read through the thread for details and the eventual summary by those involved)

Also bear in mind this forum is not a legal aid forum , it's a consumer rights forum

chris0241

HI guys,

I'm in a similar situation, would it be possible to join the WhatsApp group please? Recently received a 'Letter of Claim' from BW Legal; after ignoring for 5 years, other groups have suggested this letter should NOT be ignored. 

Thanks in anticipation!

Redx

chris0241 said:

HI guys,

I'm in a similar situation, would it be possible to join the WhatsApp group please? Recently received a 'Letter of Claim' from BW Legal; after ignoring for 5 years, other groups have suggested this letter should NOT be ignored. 

Thanks in anticipation!

I think that the WhatsApp group is probably defunct , it served its purpose at the time , the participants will have moved on

chris0241

Is there any advice that can be offered in terms of my response to the Letter Of Claim?

Thanks!

Redx

there is a lot of advice already in this thread, I am sure various templates and advice etc were put into this thread by that whatsapp group since it started over 18 months ago

also read the newbies faq sticky thread at the top of this forum, the second post has advice on replying to an LoC and also emailing a SAR, to the DPO at UKPPO in your case, so a minimum of 2 tasks to do wjen an LBC arrives

D_P_Dance

There is nothing in the Sticky about this subject.

Does here need to be?  The stickies are about private car park charges, not laws in the two countries.  All of this is covered elsewhere, accessed via a search engine.   

Milly25UK

Has anybody else been taken to court since this thread  ended?