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APCOA passed to ZZPS - SCOTLAND PCN
Jamotron
post Mon, 10 Sep 2018 - 11:17
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Hi Forum,

In Scotland here, and the registered keeper of the vehicle has received this letter pertaining to a PCN from APCOA Ltd. It seems it has now been passed to ZZPS which seems to be adebt recovery service?

The driver of the vehicle is not known, however the charge has leapt up to £155. Looking for some advice please? With POPLA and POFA not existing in Scotland, what's the best course of action?

Does ParkingEye vs Beavis mean anything in Scotland?

You're all very knowledgeable and have been helpful so far, just wanting to make the right decisions here.

Regards

This post has been edited by Jamotron: Mon, 10 Sep 2018 - 11:39
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post Mon, 10 Sep 2018 - 11:17
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emanresu
post Thu, 11 Oct 2018 - 09:51
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QUOTE
There is nothing in that judgement that states Beavis was binding, the Sheriff just stated they agreed with the finding. If it had been seen to be binding would the Sheriff not have stated so.


It appears we are discussing the literal. In that case, I will amend to effectively binding in the same way as cases are "effectively binding" in common law jurisdictions.

But to say that Beavis or the rationale behind Beavis is not "effectively binding" is to mislead.

And we all know what happened when everyone jumped on the GPEOL band waggon. The PPC industry are still dining out / replacing their Porches on that one.


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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kommando
post Thu, 11 Oct 2018 - 10:45
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This sums it up, for it to be binding a Supreme Court judgement needs to be on a Scottish case, if the case is outside of Scotland then it is persuasive.

http://thestudentlawyer.com/2013/06/17/the...-in-a-nutshell/

QUOTE
The courts are another source of law in Scotland and the doctrine of judicial precedent operates within the hierarchy of the courts. Decisions of the Supreme Court (or House of Lords) in Scottish appeals bind all lower Scottish courts. Decisions of the Inner House of the Court of Session are also binding but those of single judges in the Outer House, Sheriffs or Justices of the Peace, are not. English cases may be of persuasive authority in Scottish courts as are decisions from mixed law jurisdictions such as South Africa.
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Spudandros
post Thu, 11 Oct 2018 - 13:19
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QUOTE (kommando @ Thu, 11 Oct 2018 - 11:45) *
This sums it up, for it to be binding a Supreme Court judgement needs to be on a Scottish case, if the case is outside of Scotland then it is persuasive.

http://thestudentlawyer.com/2013/06/17/the...-in-a-nutshell/

QUOTE
The courts are another source of law in Scotland and the doctrine of judicial precedent operates within the hierarchy of the courts. Decisions of the Supreme Court (or House of Lords) in Scottish appeals bind all lower Scottish courts. Decisions of the Inner House of the Court of Session are also binding but those of single judges in the Outer House, Sheriffs or Justices of the Peace, are not. English cases may be of persuasive authority in Scottish courts as are decisions from mixed law jurisdictions such as South Africa.



Spot on.
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