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Urgent help please. Small claims court summons from Horizon in scotland

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Comments

  • Castle
    Castle Posts: 4,956 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 26 February 2015 at 3:27PM
    bazster wrote: »
    'Cos CEL is being prosecuted for something, obviously.
    Thanks, just found them on the listings as being the "accused". Must have a long "Charge list"!
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    ManxRed wrote: »
    So, despite them being allergic to courtrooms, they may have to actually turn up?

    I'd love it if they didn't. Pictures of Ashley Cohen and Gary Wayne being dragged away in irons would be most entertaining.
    Je suis Charlie.
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Maybe they could get M Shwarts to defend them in court.


    Oh! Hang on.....
    Je Suis Cecil.
  • Jim_AFCB
    Jim_AFCB Posts: 248 Forumite
    Sixth Anniversary
    edited 26 February 2015 at 7:24PM
    what are they accused of?

    Disregard - just read Pranky's blog entry :D
    Bournemouth - home of the Mighty Cherries
  • Bourbon1967
    Bourbon1967 Posts: 18 Forumite
    Update on my case have had two court appearances so far now postponed , have heard horizon are going to court at glasgow sheriff as well, are they still clutching at straws I am aware of all ( I think all ) reasons of defence. Does the protection of freedom act relate to scotland ?
  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Does the protection of freedom act relate to scotland ?

    Absolutely not.

    I'm surprised, if you're preparing thoroughly for a possible court appearance, you've not already stumbled across this; it's pretty fundamental in the context of private parking in Scotland.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Do they rely on this or reference it anywhere in their claim?

    In Scotland there is no mechanism for holding the registered keeper liable for a charge (supposedly) agreed to by a driver. They can only pursue the driver. If no one's told them who the driver was then they are a bit stuffed.

    You need to do a bit of reading up on this.
    Je Suis Cecil.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Anyone can sue you for anything at any tome in any county court or Sheriffs court.
    It is part of life, at present parking firms are using courts to menace victims in to paying up unlawful penalties.

    My advice to anyone with a parking charge is if you are not prepared to fight them in court, pay up, but also stand by the pavment with your wallet open every pay asking if anyone else wants some money for not threatening to sue you.
    Just give it all away and they might leave you alone
    I do Contracts, all day every day.
  • Bourbon1967
    Bourbon1967 Posts: 18 Forumite
    Protection freedom act hasn't been referenced, was aware it was for England and Wales but seen someone on another forum quoting it relating to scotland so was confused hence asking the question here. As said previously the driver has not been disclosed and RK law has been stated in court.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 April 2015 at 10:32PM
    You should be asking for a stay due to the CEL criminal case, and you should be involving Trading Standards.

    https://forums.moneysavingexpert.com/discussion/5209913

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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