Simple procedure Scotland

Eugenecrabs123

I had a number of PCN's a few years ago that I ignored in the hope they would go away. 2 weeks ago I received notice that I have a Simple Court procedure against me for over £1500 now! I am.looking for advice on how to fight this case.

Umkomaas

We've had very little experience of Scottish court cases, so we'll have little advice to give. I think there's a free legal advice service in Scotland, so a call to them would be your first step. 

In addition, the LegalBeagles forum have a number of lawyer contributors inputting there, so that would possibly be a better bet than MSE. 

Which parking company is involved in pursuing you?  How many tickets are in play?  Multiple tickets, even in Scotland, makes vulnerability to a court claim much more real. 

You do know that as there is no Keeper Liability in Scotland, the PPC can only hold the driver liable, so no blabbing about the driver's identity!

Jenni_D

Welcome back from your enforced absence, @Umkomaas

@Eugenecrabs123 were the PCNs only ever sent as a Notice to Keeper, i.e. sent to you as the vehicle's registered keeper? And you've never responded to the parking company (assuming it's just the one) or debt collectors at all, ever?
Are the PCNs in relation to a residential setting? (i.e. where you live).

Parking companies will make noise about the Carly Mackie case in Scotland ... they're being disingenuous about this as that case involved an admitted driver; if their claims against you are as registered keeper then as said above they have a far higher hurdle to jump - they can only assume that the keeper was the driver, and would have to prove that (on the balance of probabilities) in court.

Fruitcake

I am not sure whether or not the Act of Sederunt (Simple Procedure) 2016 works "on the balance of probabilities". I've only ever read it once, and that was a while ago.

Act of Sederunt (Simple Procedure) 2016 (legislation.gov.uk)

Jenni_D

If BoP doesn't apply then that makes the claimant's challenge even harder, yes?  

I've taken a quick look and Part 12: The hearing or Part 13: The decision would seem the logical places to look, but neither is decisive on this matter.

D_P_Dance

Have you complained to your MP?

Coupon-mad

Which parking firm and what were the circumstances of the PCNs, what sort of car park, why was the car there and what alleged breaches?

But whatever happens, what we want you and everyone to do, is come back here (please) every week over the Summer and check for when the Government’s final Consultation gets released. 

As said on every thread right now, we NEED people like you to have your say about Government policy re the level of parking charges to be applied next year onwards.

THIS APPLIES IN SCOTLAND TOO.