Napier Parking - missed 1st letter

Coupon-mad

I'd reply including the phrase:

"I understand that this is a difficult time for the parking industry and this may be an oversight, but I stay in Scotland so your tired, template threats of County Court are wholly misguided.

Cease and desist with your harassment of me.  We both know BW Legal don't operate in Scotland so return the file to your clients and quit pretending you can 'assist me'. "

neilymac

Coupon-mad said:

I'd reply including the phrase:

"I understand that this is a difficult time for the parking industry and this may be an oversight, but I stay in Scotland so your tired, template threats of County Court are wholly misguided.

Cease and desist with your harassment of me.  We both know BW Legal don't operate in Scotland so return the file to your clients and quit pretending you can 'assist me'. "

Bold, I like it!

Coupon-mad

I love repeating their own weasely phrases back at them!

Redx

I like it too. 😁😁

It's all empty threats and hot air from an English company who should know they can't follow through with it in Scotland

The claimant would have to follow Scottish procedures , as we told you earlier

As for replying , coupon mad summed up your reply succinctly 😜😜👍👍👍

Umkomaas

neilymac said:

Coupon-mad said:

I'd reply including the phrase:

"I understand that this is a difficult time for the parking industry and this may be an oversight, but I stay in Scotland so your tired, template threats of County Court are wholly misguided.

Cease and desist with your harassment of me.  We both know BW Legal don't operate in Scotland so return the file to your clients and quit pretending you can 'assist me'. "

Bold, I like it!

Like it, write it, send it.

Redx

Some Scotland examples for you to read and digest

https://forums.moneysavingexpert.com/discussion/6330444/euro-car-parks-case-management-discussion-simple-procedure-scotland-gordon-noble-mellicks#latest

https://forums.moneysavingexpert.com/discussion/6177447/gordon-noble-collections-letter/p1

alfrescom

It rumbles on and on.... I've now had an email from BW Legals "Operational Head of Legal", as follows - any advice on how to respond would be hugely grateful.
Basically they are saying they intend to go to court regardless that I reside in Scotland, and was not the driver.

Dear Mr XXXXXXXX

Your email has been forwarded to me.

The purpose of my email is to clarify any confusion regarding whether or not our client has the ability to pursue you in respect of the unpaid parking charge, when you are domiciled in Scotland. It may well be that the matter will be subject to Scottish jurisdiction, however, considering the parking infraction in question took place at our client’s car park in XXXXXXXX, the contract was formed in England & Wales. Therefore, the applicable law will be that of England & Wales, and Schedule 4 of PoFA 2012 will apply. Under Sch 4, our client has statutory grounds to pursue you as the registered keeper of the vehicle, subject to certain conditions being satisfied.

 

You will no doubt appreciate, governing law and jurisdiction are mutually exclusive in their own rights and there is nothing to prevent our client from serving you with proceedings in Scotland (in the event the charge remains unpaid), having commenced legal proceedings in the County Court in England & Wales. In addition to the above, our client will not require the court’s permission to serve you in Scotland – note the below from the Civil Procedure Rules:

 

“Service of the claim form where the permission of the court is not required – Scotland and Northern Ireland

6.32

 

(1) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 1982 Act and –

 

(a) no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom; and

 

(b)

 

(i) the defendant is domiciled in the United Kingdom;

 

(ii) the proceedings are within paragraph 11 of Schedule 4 to the 1982 Act; or

 

(iii) the defendant is a party to an agreement conferring jurisdiction, within paragraph 12 of Schedule 4 to the 1982 Act.

 

(2) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under any enactment other than the 1982 Act notwithstanding that –

 

(a) the person against whom the claim is made is not within the jurisdiction; or

 

(b) the facts giving rise to the claim did not occur within the jurisdiction.”

In respect of your allegation of harassment, we cannot see how the simple recovery of a legitimate parking charge can meet the threshold for harassment, as defined in the Protection from Harassment Act 1997.

If your purported defence is solely based on your residency in Scotland, it is high likely that we will be instructed to bring legal proceedings against you if the charge remains unpaid. You should therefore take independent legal advice if you have the opportunity to do so. The notice issued by our client is compliant with Sch 4 of PoFA 2012, therefore it is irrelevant as to whether you were the driver of the vehicle or not.

Note, if the charge remains unpaid, we will issue a Pre Action Protocol compliant letter before claim and upon its expiry, our client will commence proceedings against you.

Please can you therefore contact our office to resolve matters, which we hope can be done on amicable terms.

Kind regards

Operational Head of Legal

Umkomaas

I guess the only way to respond is to tell them to get on with it so that a Sheriff can determine.

alfrescom

Umkomaas said:

I guess the only way to respond is to tell them to get on with it so that a Sheriff can determine.

Well, it's been a while, but my friends at bwlegal have been back in touch. Haven't heard from them since February, but got a letter this morning.

They've said that my balance of £180 is still outstanding, by the end of this month, they may proceed with a firm of Scottish solicitors ("our Scottish agents") to recover the balance by way of legal action against you in your local Sheriff Court.

It goes on to say that should they issue Court proceedings, I may be liable for Court expenses and statutory interest. Should our client then obtain a Decree, this could remain on your credit file for 6 years, and may have a detrimental effect on your future creditworthiness.

What do we reckon? Any advice?

Umkomaas

What do we reckon? Any advice?

The advice I gave you on 24 February 2022 at 10:05am remains the same today.