Scottish Legal Question

PoGee

I'm writing on behalf of a younger family member. They parked a car in a fast food  car park for longer than allowed and received a ticket from I think a private company, which was not paid. They're now getting letters from an England based law firm called cst law on behalf of debt recovery plus. Do these companies have jurisdiction in Scotland? The car was parked for 3 hours as a fast food employee stated 3 hours was allowed. I know they should've read the signs. Hope someone can help with this query.

Okell

I think you need to be posting here:  Parking tickets, fines & parking — MoneySavingExpert Forum

JohnSwift10

I live in Scotland and I would completely ignore all correspondence do not reply in any way.

They have no jurisdiction. 

Alderbank

Maybe you would completely ignore all correspondence but that is not the advice given by the experts on the Parking Forum:

Q - ''I'm in Scotland so is the advice different?''

YES. IF THE EVENT TOOK PLACE IN SCOTLAND WE SUGGEST YOU DO (ALWAYS!) COMPLAIN TO STORE MANAGEMENT IF YOUR PCN IS FROM A RETAIL PARK, AND SEND THE USUAL TEMPLATE APPEAL FOR YOUR CASE, NOT SAYING WHO WAS DRIVING. HOWEVER, DO NOT TRY POPLA BECAUSE POPLA (IN A CASE THAT TOOK PLACE OUTSIDE ENGLAND/WALES) WILL REQUIRE YOU TO STATE IF YOU WERE DRIVING OR NOT, AND THAT IS THE ONE THING NOT TO DISCLOSE.

user1977

JohnSwift10 said:

I live in Scotland and I would completely ignore all correspondence do not reply in any way.

They have no jurisdiction. 

Nonsense, assuming you're meaning the location of the pursuer. That makes no difference to their rights. There may of course be other reasons why it isn't enforceable, but really a question for the relevant forum.

JohnSwift10

user1977 said:

JohnSwift10 said:

I live in Scotland and I would completely ignore all correspondence do not reply in any way.

They have no jurisdiction. 

Nonsense, assuming you're meaning the location of the pursuer. That makes no difference to their rights. There may of course be other reasons why it isn't enforceable, but really a question for the relevant forum.

I have had, up to date 4 parking tickets from various places and ignored all correspondence about being taken to court in England and after 3 letters, which I have ignored, have heard nothing else.
I would say ignore everything.

sheramber

They can only take the driver to court. At present, in Scotland, there is no legal requirement to name the driver. If you do not contact them it is idle threats. 

JohnSwift10

sheramber said:

They can only take the driver to court. At present, in Scotland, there is no legal requirement to name the driver. If you do not contact them it is idle threats. 

Exactly.                                                           .

user1977

JohnSwift10 said:

user1977 said:

JohnSwift10 said:

I live in Scotland and I would completely ignore all correspondence do not reply in any way.

They have no jurisdiction. 

Nonsense, assuming you're meaning the location of the pursuer. That makes no difference to their rights. There may of course be other reasons why it isn't enforceable, but really a question for the relevant forum.

I have had, up to date 4 parking tickets from various places and ignored all correspondence about being taken to court in England and after 3 letters, which I have ignored, have heard nothing else.
I would say ignore everything.

Yes, but the reason you've heard nothing else is not "because they're in England". Plenty of more useful advice on the Parking Tickets forum, but "you can't do anything because you're English and I'm Scottish" isn't one of the relevant defences.

JohnSwift10

user1977 said:

JohnSwift10 said:

user1977 said:

JohnSwift10 said:

I live in Scotland and I would completely ignore all correspondence do not reply in any way.

They have no jurisdiction. 

Nonsense, assuming you're meaning the location of the pursuer. That makes no difference to their rights. There may of course be other reasons why it isn't enforceable, but really a question for the relevant forum.

I have had, up to date 4 parking tickets from various places and ignored all correspondence about being taken to court in England and after 3 letters, which I have ignored, have heard nothing else.
I would say ignore everything.

Yes, but the reason you've heard nothing else is not "because they're in England". Plenty of more useful advice on the Parking Tickets forum, but "you can't do anything because you're English and I'm Scottish" isn't one of the relevant defences.

The reason I have heard nothing is that they know they will get nowhere trying to try a case in England where the offence occurred in Scotland.

born_again

PoGee said:

I'm writing on behalf of a younger family member. They parked a car in a fast food  car park for longer than allowed and received a ticket from I think a private company, which was not paid. They're now getting letters from an England based law firm called cst law on behalf of debt recovery plus. Do these companies have jurisdiction in Scotland? The car was parked for 3 hours as a fast food employee stated 3 hours was allowed. I know they should've read the signs. Hope someone can help with this query.

Just because letter come from a English law firm, does not mean that any case will be in England..
As Scotland is part of the UK & they can use firms from where they like. 🤦‍♀️