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I am following a thread on a parking site where I think the advice could be wrong. Ticket from PPC issued in Scotland, keeper lives in England, from my knowledge Scottish law applies and they cannot be taken to court in England for this and POFA 2012 does not apply. Thank you for looking at this.
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any idea ostell ??Debt is like any other trap, easy enough to get into, but hard enough to get out of.
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I was going to answer then cancelled. I really don't know. Common sense says that there can be no claim against the keeper as there is no legislation in Scotland that supports it. Again I don't know. It would take a court case to get a decision.Comment
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There are basically three types of jurisdiction: personal, territorial and subject matter.
Here you are concerned with territorial jurisdiction, so if both parties agree the case could be held in England.
If it is brought in England, dispute the court's jurisdiction
If despite that the court decided it had jurisdiction, itwould then hear the case but apply Scottish law. So PoFA 2012 would not apply.
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This is what POPLA have said Please don`t shoot the messenger but following a long conversation with POPLA the other day this is what was confirmed regarding Pofa and POPLA in Scotland.
----------------------------------------------------------------------------------- (1) Keeper lives in Scotland but the contravention happened in England or Wales. Pofa applies and a POPLA code can be issued and the parking company can chase the keeper.
(2) Keeper lives in England or Wales and the contravention happened in Scotland. Pofa applies and a POPLA code can be issued and the parking company can chase the keeper.
(3) Keeper lives in Scotland and the contravention happened in Scotland. No pofa and no POPLA code. and the parking company can`t chase the keeper.
Its not about which part of the UK the keeper lives but where the alleged contravention occurred. If you would like to confirm the above please contact POPLA on 03301596126
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The Recast Brussels Regulation (no. 1215/2012) (which applies to all member states of the European Union) applies to proceedings commenced on or after 10 January 2015 and provides that (subject to certain exceptions) both individuals and legal persons (e.g. companies) should be sued in the member state in which they are domiciled. This means that, if a defendant is domiciled in England, the English Court will have jurisdiction over the dispute and it will not be open to the defendant to argue that the case should be determined by the courts of a different jurisdiction.
However I do not see why a regulation which applies solely to England & Wales, should be applied to a cause of action arising in Scotland.
I note this is something being discussed elsewhere....have they produced any cases supporting POPLA's view
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They have not quoted any cases. POPLA is supposed to be independent but they are paid for by the BPA. Thank you for the replies. After all the discussion we find out it is a council ticket so POPLA is out of the window.
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LOL ( and some POLPA decisions are questionable and not upheld if it goes to court, so I wouldn't regard them as an authority anyway!)Comment
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