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Can I ignore Dcbl final notice in Scotland?
Comments
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As they allege it's a breach of contract you'd need to read the CPR on out of jurisdiction contract law, though this would obv only apply to England and Wales with N.Ireland having its own legislation. Hence I posed my point as a question not a statement... all my professional litigation has involved torts not contract law.Fruitcake said:
@DullGreyGuy I stand corrected. Are you able to explain in lay terms what process an unregulated private parking company claimant would/should take if, say, a motorist (whether driver or keeper) lived in Scotland but the alleged event took place in another UK nation, including the situation where the motorist moved to Scotland after the alleged event please?DullGreyGuy said:
Didnt say you did, you didnt say where it had happened and so was covering off another plausible scenario rather than just a blanket if you live in Scotland then you are safe from all other jurisdictions.Psych_1990 said:It happened in Scotland, where did I say it happened in England, Dull Grey Guy?
Thankfully this is absolute nonsense - the CPR has a whole section on issuing with out of jurisdiction parties. In my world of liability claims the loss and action that caused the loss must have occurred with the jurisdiction but the party doesn't have to be in the jurisdiction. Were that not the case one of the biggest parts of the MIB could be closed down as foreign drivers would never be liable for their actions.Fruitcake said:
The OP mentioned Scotland. They did not mention anything about the driver bilking, nor the alleged event taking place in any other nation outside the one mentioned.DullGreyGuy said:
Surely it would depend on where the alleged event took place? If they were down in England when they decided to not buy a parking ticket then surely English law applies and so would be for an English court to judge?Fruitcake said:
Do not ignore a court claim. This should be a claim from the Scottish Sheriff's Court using the Simple Procedure/Act of Sederunt.Psych_1990 said:Thanks guys, I'm going to continue to ignore. Is there a specific letter that I should NOT ignore? If they decide to take it further..
It may come from the English business centre in Northampton, but it shouldn't. If it comes from England then you need to point out to said business centre and the claimant that the defendant lives in Scotland and is therefore outside the jurisdiction of the courts of England and Wales.
Even if it did occur in England, the keeper lives outside the jurisdiction of the courts of England and Wales. The court system of England and Wales "should" throw out any attempt to instigate a claim outside jurisdiction, but sometimes they do slip through. It is no different to the alleged event occurring in England or Wales but the motorist living outside the UK. They cannot be held liable by the courts of England and Wales for a civil matter.
Scotland is even listed in the table of notice required which would be an odd thing to do if your theory was correct
I ask this to ensure I give correct advice in the future.
It is undoubtably a relatively common problem for Scots given many medium sized websites T&Cs give exclusive jurisdiction to English Courts... the largest companies have a carve out for Scotland and N.Ireland0
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