Private Car park enforcement in Scotland by English company

cyberfuits

Just a question of curiosity, there is a new parking rule in a Scottish private car park which has caused a lot of anger, many people stating that because it is an English enforcement company based in England they would not be able to enforce the pcn in Scotland and you can ignore any penalty notice. Can they come after you under schottish law, can they enforce it?

comeandgo

of course an English company can “ come after” a Scottish resident.  How do you think HMRC get their money?  But I would still ignore any parking invoices.

fisherjim

It isn't a "penalty notice" it's basically an invoice, and at the moment in Scotland they can't do much but send threatening letters stating your world is ending but it's all bluff, you can ignore them at the moment.

However your government have decided that in the not to distant future it would be a great idea to follow us numpties in England/Wales with similar private parking rules.

Have a read of the Newbies thread on here where the whole sorry state is explained in detail.

Coupon-mad

cyberfuits said:

Just a question of curiosity, there is a new parking rule in a Scottish private car park which has caused a lot of anger, many people stating that because it is an English enforcement company based in England they would not be able to enforce the pcn in Scotland and you can ignore any penalty notice. Can they come after you under schottish law, can they enforce it?

They could but it's too hard and makes them no money (due to your very good 'no costs under £300' rule AND because the roboclaim 'parking solicitors' who blight people's lives in E&W don't do Scottish law) so almost no PPC tries court in Scotland.

YES you can currently ignore PPCs.

But the law will change in a year, giving PPCs the right to keeper liability. It will almost certainly increase court cases and CCJs.  Search the forum. Discussed to death on every Scotland parking thread (but obviously not retrospective law).

cyberfuits

comeandgo said:

of course an English company can “ come after” a Scottish resident.  How do you think HMRC get their money?  But I would still ignore any parking invoices.

Sadly a stupid answer from you, think before typing, HMRC is not a company it is a government body! Second Scotland has their own law and police, so we are talking about parking in Scotland but the company is based in England, they have to comply with Scottish law when trying to enforce it, and until recently not possible if they do not have driver details and just waiting to find out when the new law will be applied

cyberfuits

Coupon-mad said:

cyberfuits said:

Just a question of curiosity, there is a new parking rule in a Scottish private car park which has caused a lot of anger, many people stating that because it is an English enforcement company based in England they would not be able to enforce the pcn in Scotland and you can ignore any penalty notice. Can they come after you under schottish law, can they enforce it?

They could but it's too hard and makes them no money (due to your very good 'no costs under £300' rule AND because the roboclaim 'parking solicitors' who blight people's lives in E&W don't do Scottish law) so almost no PPC tries court in Scotland.

YES you can currently ignore PPCs.

But the law will change in a year, giving PPCs the right to keeper liability. It will almost certainly increase court cases and CCJs.  Search the forum. Discussed to death on every Scotland parking thread but obviously not retrosoective.

That is what i am trying to find out, the new law will be appied next year then? it just does not make it clear what i found

LDast

Whilst the law in Scotland will change when the Parking on Private Land (Code of Practice) Act becomes law in the near (hopefully) future, thus throwing away the "no keeper liability" right that has protected motorists for decades. I think you can thank your beloved former leader for that.

However, what I am not sure about, is whether it is going to change anything under the Simple Procedure rules. Whilst the scammers will then be able to transfer liability from the unknown driver to the known keeper, you have to ask whether they will bother to try and claim sums of less than £300 when they cannot claim any costs. Even for multiple PCNs (claims for more than £300) they cannot claim more than 10% of the claim amount.

So, whilst the keeper may become liable (provided the requirements of PoFA are complied with), it is unlikely that they will bother to chase small claims all the way to court. They are more likely salivating at the prospect of the majority of claims ending up as default CCJs thanks to the general publics ignorance the legal procedure and their rights, just as it is here in England.

I expect that we'll see many more DCB Legal type discontinuations once they realise that their victim is not low-hanging fruit on the gullible tree if the come here and follow the advice. It's just a numbers game for the likes of those bottom-dwelling legal firms.

Coupon-mad

cyberfuits said:

Coupon-mad said:

cyberfuits said:

Just a question of curiosity, there is a new parking rule in a Scottish private car park which has caused a lot of anger, many people stating that because it is an English enforcement company based in England they would not be able to enforce the pcn in Scotland and you can ignore any penalty notice. Can they come after you under schottish law, can they enforce it?

They could but it's too hard and makes them no money (due to your very good 'no costs under £300' rule AND because the roboclaim 'parking solicitors' who blight people's lives in E&W don't do Scottish law) so almost no PPC tries court in Scotland.

YES you can currently ignore PPCs.

But the law will change in a year, giving PPCs the right to keeper liability. It will almost certainly increase court cases and CCJs.  Search the forum. Discussed to death on every Scotland parking thread but obviously not retrosoective.

That is what i am trying to find out, the new law will be appied next year then? it just does not make it clear what i found

It can't be clarified with any date because it's dependent on the implementation of the nationally-applicable Code of Practice.

Currently stalled by the GE.  But the Code has to be implemented because an 'enabling' Act was passed just in time, in late May, bringing all requirements of the 2019 Act into play.

Your Government's Transport Act includes copying the POFA 2012 Schedule 4.

Not 'live' yet due to the above. Scotland might even wait until the statutory independent Appeals Service ADR exists (that's what I'd do if it were me) and I suspect there will be a gap next year, between Code being enacted and the SIAS starting to hear cases.

We are experts in all this, as you can tell!

patient_dream

I wonder what will happen if Labour wipes out the SNP

Castle

patient_dream said:

I wonder what will happen if Labour wipes out the SNP

Will only be of interest if it happens at the next Scottish Parliament elections, which could still be 2 years away.