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Live cases legal advice => Private parking tickets => Topic started by: BuckToothDragonLord on August 17, 2025, 09:29:12 pm

Title: Re: Advice on private parking charge and letter from "Debt Recovery plus"
Post by: DWMB2 on August 18, 2025, 10:29:09 am
1. Acknowledge service online (so they don’t risk default judgment).
2. In the Defence, make it absolutely clear:

• You are domiciled in Scotland.
• The English County Court has no jurisdiction over a Scottish resident.
• Any claim should have been raised, if at all, in the Scottish Sheriff Court.

3. Ask the court to strike out the claim for lack of jurisdiction under CPR 11.
4. If the court insists on a hearing, they can do it on paper or by written submissions – no need to travel.
5. If by some chance the court ignored jurisdiction and entered judgment, it would not be enforceable in Scotland without a whole separate process (which is complex and not worth it for £100).
If I remember rightly there's an option to indicate you intend to dispute jurisdiction at the point you submit the AOS.

In theory, if they try to file the claim using MCOL it shouldn't allow them to file against a Scottish address (source (https://www.gov.uk/government/publications/money-claim-online-user-guide/money-claim-online-mcol-user-guide)):
Quote
You need to provide a full address within England and Wales for each defendant, including the postcode. This is known as their service address. MCOL does not have jurisdiction outside England and Wales - claims issued to addresses outside England and Wales will be invalid.
Although of course theory doesn't often match up with reality where MCOL is concerned.
Title: Re: Advice on private parking charge and letter from "Debt Recovery plus"
Post by: b789 on August 18, 2025, 10:23:11 am
Oh dear! I'm assuming you blabbed the identity of the driver, which was a huge mistake. If you are a Scottish resident, there is no Keeper liability and they had no idea of the drivers identity until you gave it to them on a silver platter. Also, as the location is within the boundary of Manchester Airport, the land is under statutory control, and again, no Keeper liability.

Your only saving grace is that because you are a Scottish resident, this introduces too much complexity for the parking company. If you follow the advice from here on in, you can avoid having to pay a penny to the operator. You've thrown away the easiest chance you had, so don't screw it up any more by diving in and trying to mitigate your way out of it.

You can safely ignore all debt recovery letters. Debt collectors are powerless to do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear. No one here cares about useless debt recovery letters and you may as well shred them and use them as hamster bedding for all anyone cares.

Jurisdiction matters. The parking company is English. You are domiciled in Scotland. They cannot simply drag you into the English County Court. To pursue you, they would have to raise a claim in the Scottish Sheriff Court.

Doing that is hugely uneconomic for them:

For a single parking charge claim of £170, the lodging fee would be £19. Now, what that means for them:

• Claim value they try for: £170 (£100 PCN + £70 fake add-on).
• What the Sheriff is likely to allow: £100 (the fake £70 “debt recovery” would not be allowed).
• Maximum fixed expenses recoverable (for a claim under £200): £50.

So maximum award if they win: £150.

Against that:

• Court lodging fee they pay up front: £19.
• Local representation: they can’t just send their English bulk-litigator to a Scottish Sheriff Court. They would need a Scottish solicitor or local court agent. Even the cheapest agent to stand up in court is £150–£200 for a half-day.
• Preparation/admin costs: they can’t recover those either.

So the company is looking at spending at least £19 + £150 = ~£170 to run the case, all to recover £150 at best. That is before travel costs, solicitor oversight, and their own wasted admin time.

In short, they would be throwing good money after bad – chasing a maximum of £150 while burning well over £200 to do it. That’s why it’s commercial suicide for them to sue a Scottish resident for a single PCN.

For now you can safely ignore all the useless debt recovery threat-o-grams. If they really are so stupid as to issue a claim in the English county court against a Scottish resident, you would need to do the following:

1. Acknowledge service online (so they don’t risk default judgment).
2. In the Defence, make it absolutely clear:

• You are domiciled in Scotland.
• The English County Court has no jurisdiction over a Scottish resident.
• Any claim should have been raised, if at all, in the Scottish Sheriff Court.

3. Ask the court to strike out the claim for lack of jurisdiction under CPR 11.
4. If the court insists on a hearing, they can do it on paper or by written submissions – no need to travel.
5. If by some chance the court ignored jurisdiction and entered judgment, it would not be enforceable in Scotland without a whole separate process (which is complex and not worth it for £100).

Bottom line:

• The claim would be thrown out as soon as the Scottish domicile is pointed out.
• There is no risk of a CCJ, because jurisdiction kills it at the start.

So, for now, because you live in Scotland, this means no English CCJ risk. Ignore every single debt collector letter – they are worthless and cannot take you to court.

Do nothing. Sit tight and wait. The only thing that matters is if the parking company themselves (or their solicitors) send you a proper Letter of Claim (LoC). If that ever arrives, come back immediately for advice on how to respond. Until then, bin the debt collector junk mail and stop panicking.
Title: Advice on private parking charge and letter from "Debt Recovery plus"
Post by: BuckToothDragonLord on August 17, 2025, 09:29:12 pm
Context - this charge happened in England but I live in Scotland


Double Context - apologies for the long post:


December 2024 i was flying out from Mancester airport. I booked a night at Ibis hotel along with parking.


Upon arriving at 11:20pm my young kids were asleep so me and the wife parked the car in the car park, carried them in. I asked the receptionist if my car was alright out there while i dumped the kids and luggage. She said yes.


I was parked for 33 minutes before getting back out and taking the car to the long stay car park that I'd paid for.


Some months later I get a parking fine of £100. it turns out I was meant to type my reg plate into an ipad at reception desk. For whatever reasons (receptionist said i didnt need to but i know that's anecdotal) i didn't.


I challenged the ticket, showing reciepts and invoices detailing that i had paid to be at that hotel and paid for parking at manchester airport. the company trying to fine me detailed that I was there for just 33 minutes.


I explained everything, submitted evidence to the appeal people (POPLA, i think they're called) and my appeal failed. I couldn't believe it.


I now have this letter (attached to this post), saying they want £170 by tomorrow or its going up to £280 and i will go to court.


Context: I've no debt issues, my credit score is like 999, i'm relatively comfortable and grateful for that. I say that only to illustrate that I have no idea what this letter means to me? can that actually take me to court over this? can it affect my credit rating?


I've been told i don't need to pay but I've been told lots of things in life that were nonsense.


Hoping someone on this amazing forum can shed some light.


ALSO... it says on that letter that I was at one point offered £60. This is not true. It was £100, it went to POPLA and came back as £170.[attachimg=1]