3. Scots residents parking south of the border.
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John Glacier

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Scots residents parking south of the border.
« on: February 25, 2024, 01:34:30 pm »
http://forums.pepipoo.com/index.php?showtopic=153394

Just want to get some things clear.

If a council in E&W issues a Charge Cert to a Scots resident, they can't register it as a debt at Northampton as it has no jurisdiction north of the border.

What do councils do instead? Can they hand off to Sheriffs officers to collect?

I would imagine this is a regular occurrence in places like Carlisle.
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cp8759

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Re: Scots residents parking south of the border.
« Reply #1 on: February 25, 2024, 10:36:25 pm »
In principle I don't see why they can't get an Order for Recovery (after all CPR 6.32 allows a Part 7 Claim Form to be served in Scotland or Northern Ireland) and then obtain a certificate of money provisions under the Civil Jurisdiction and Judgments Act 1982 , that certificate can then be registered with the Scottish courts and enforced as if it were a Scottish judgment.

In practice whether they actually bother is another matter. Local authorities like Carlisle, almost certainly (although they might try the cheaper option of sending a scary letter in the first instance).

Thanet District Council would probably just write it off.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

John Glacier

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Re: Scots residents parking south of the border.
« Reply #2 on: March 24, 2024, 03:21:43 pm »
Got a response from Carlisle. Appalling spelling.

Quote
Response
The council does hold information within the definition of your request.
The process for col ecting unpaid Penalty Charge Notices (PCNs) from Scottish residents on behalf of English
local authorities can be complex due to the separate legal systems in Scotland and England.
Enforcement through Scottish Courts:
English local authorities cannot directly enforce PCNs in Scotland. They must instruct a debt recovery
agent registered in Scotland. Equita’s operational reach includes Scotland, and we have a Scottish sister
service, Stirling Park.
PCNs can be recovered through Scottish courts; this typical y involves obtaining a Summary Order against
the debtor.
Cross-border cooperation:
The Tribunals, Courts and Enforcement Act 2007 al ows for the enforcement of civil money judgments
across the UK.
Once a Scottish court issues a Summary Order, it can be registered in an English court. This al ows English
enforcement to be used – e.g. enforcement agencies such as Equita.
1/2
Additional factors:
Time Limit: English authorities must initiate proceedings within the timeframe stipulated by Scottish legislation
for PCN enforcement.
Scottish Traffic Laws: Scottish traffic laws and procedures may differ from those in England.
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cp8759

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Re: Scots residents parking south of the border.
« Reply #3 on: March 24, 2024, 04:54:56 pm »
Not sure I understand "Once a Scottish court issues a Summary Order, it can be registered in an English court", that seems to deal with the issue of how a Scottish PCN is enforcement in England rather than the other way round.

I'm also not sure what they mean by a "Summary Order", whatever that may be it seems to me they still need to get a certificate of money provisions under the Civil Jurisdiction and Judgments Act 1982 in order to enforce cross-border, this works both ways (England to Scotland or Scotland to England).

I suspect the answer came from someone with an incomplete understanding of the matter.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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