Horizon parking - small claims court

Lamilad

I've seen one case where the judge deemed it was the keepers job to prove they were not driving!

There are some looney judge's who seem to have the law upside down in these matters but fortunately they are few and far between and if a judge ever ruled on this basis then it would be kibosh'd on appeal. Simply because it's a massive error in law.

You were not the driver, you are under no obligation to name the driver. The burden of proof lies with the claimant. This matter is none of your concern.

Stick firmly to this stance and unless you get Sheriff Cuckoo Bananas then you're on solid ground.

Redx

plus if they fail you could issue a counter claim like this one

https://forums.moneysavingexpert.com/discussion/5655023

that might make them take notice , because they obviously obtained your details as keeper from the DVLA and are signed up as data controllers with the ICO and also in their KADOE contract too

in your case its multiple breaches , because the keeper is not always the driver and cannot be assumed to be so , so £500 for each breach

waamo

An English company suing a Scottish resident in a Scottish court and attempting to use English judgments may not go down well.

DD94

Appreciate all the advice everyone. So next steps then should be to fill out these forms stating that I want to contest it and what my defence is? Then what happens, is there a chance it won't make it as far as court?

Umkomaas

DD94 wrote: »

Appreciate all the advice everyone. So next steps then should be to fill out these forms stating that I want to contest it and what my defence is? Then what happens, is there a chance it won't make it as far as court?

We've not dealt in detail with any Scotland court case. Yours is possibly the first that has emerged on the forum.

Have you used Google to check how a Scotland case is dealt with - to my understanding it is different to England/Wales, where all the court cases we have advised on are based - so advice on the forum in past threads may not be appropriate to Scotland.

Have you contacted the BMPA yet, as suggested by CM?

I would ask for the BMPA advice on this one:

http://www.bmpa.eu/crt_contact.html

beamerguy

DD94 wrote: »

Appreciate all the advice everyone. So next steps then should be to fill out these forms stating that I want to contest it and what my defence is? Then what happens, is there a chance it won't make it as far as court?

Reading through this thread, I am very surprised that Horizon of all companies are doing this.

This is all going rely on a good defence by you
If your defence is overwhelming, Horizon may discontinue.

The question is ..... why do they think they can win ?

DD94

This is the part I don't understand. Hiring a solicitor etc to try and win £660 when they must know they don't have a great case? Seems strange

beamerguy

DD94 wrote: »

This is the part I don't understand. Hiring a solicitor etc to try and win £660 when they must know they don't have a great case? Seems strange

Who is the solicitor, cannot see it in this thread

DD94

Mellicks is the name of the firm

DD94

Also tried BMPA but they don't cover Scotland