Scottish Legal Question

sheramber

The difference is Scottish law and UK law. 

user1977

JohnSwift10 said:

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.

They would try the case in Scotland, if they thought it worthwhile trying a case anywhere. The fact they don't say so in their initial letters isn't relevant to their rights.

PoGee

Thank you for replies. I'll let the young 'un read through this.

Fruitcake

Plan A is always a complaint from the registered keeper to the landowner and the keeper's M(S)P. 

Plan B is to ignore it in Northern Ireland and Scotland, but not England and Wales. 

At the moment, only a driver can be held liable in Scotland for a parking charge notice from an unregulated private parking company (PPC). If the PPC don't know the identity if the driver, and the only way they can find out is if someone is stupid enough to tell them, then the PPC is stuffed.
In the near future, probably next year, a vehicle keeper (day to day keeper, registered keeper, hirer/lessee) will also be liable for a parking charge notice from a PPC, thanks to the former Scottish Dear Leader. Despite saying she wanted independence for the Scottish nation, she decided to import a law from England and Wales that will allow someone who was not in the vehicle at the time of the alleged event to be liable.

At the moment, Scottish law prohibits a claim being heard in the Scottish Sherriff's Court using the Simple Procedure rules (Act of Sederunt) for claims less than £300. That means that a PPC won't (can't) claim for a single ticket, but could make a claim stick for multiple parking charges.

Whilst a PPC based in England or Wales can issue a parking charge notice anywhere in the UK, they cannot pursue a claim against the keeper in a Northern Ireland or Scottish court. There is no plan for keeper liability to be introduced in NI at all, but it will be a thing in Scotland in the near future. 

Iceweasel

These scammers utilise psychology to scare unsure people into paying.
They will send two, three, or maybe as many as six demanding letters at approx month intervals- and then you think they have given up.
But no - after perhaps four or five years they start again - with even more threats of impossible consequences.
Some people have been so scared that they then pay up.
So ignore every letter and stand firm.
When the new law in Scotland is actually implemented we will have a new situation and need new advice.
But of course it can not be retrospectively applied, so we are still safe - for now.

Coupon-mad

JohnSwift10 said:

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.

True. To a point...

But try telling that to Carly Mackie:

https://www.scotcourts.gov.uk/search-judgments/judgment?id=a48631a7-8980-69d2-b500-ff0000d74aa7

It is as rare as hen's teeth but the odd Scottish case is tried by PPCs (multiple PCNs only).

And the law is changing to add 'keeper liability' North of the border next year.

Covered on this parking forum in umpteen Scotland parking threads.

The answer to the OP's son is the quote from the NEWBIES FAQS thread shown as one of the first replies 2 weeks ago.  Ignore it. But try a landowner complaint to get the monkey off your back.

Do NOT pay it. IGNORE DEBT DEMANDS.

LDast

You may be interested in this Scottish appeal case where ECP sued the Keeper for multiple PCNs (49 for a total of £6,370).  At the trial, the Keeper admitted that it was her son who had been driving. The defendant was acquitted because of the no Keeper liability law but ECP was awarded costs.

The costs award was overturned on appeal. Another spanking for ECP:

https://www.bailii.org/scot/cases/ScotSAC/Civ/2025/2025sacciv2.pdf

Although I would worry about the Scottish Sherrif's thinking along the lines that the Keeper can be presumed to be the driver and that just because an insurance documents names the allowed drivers, it does not preclude anyone who has their permission and their own third party insurance to drive the vehicle.

I suppose, all that is going to come once the Scottish equivalent of PoFA becomes law in the near future.

Coupon-mad

Interesting new 2025 case.  

And I learnt a new word: "Assoilzied" is the past tense and past participle of the Scottish verb "assoilzie". It means to absolve, forgive, or pardon someone from blame 

LDast

Coupon-mad said:

Interesting new 2025 case.  

And I learnt a new word: "Assoilzied" is the past tense and past participle of the Scottish verb "assoilzie". It means to absolve, forgive, or pardon someone from blame 

Yes, I had to look that one up too. I initially thought the defendant had had “one too many”.

I usually become “Assoilzied” after a few glasses of wine.   

Coupon-mad

At first, I thought it was a typo!