Simple Procedure - Horizon Parking

Tcw23

I looked into it and it is the final day I can send it back.

Am I right in saying I don’t send any evidence at this point i.e - screenshots from horizon confirming I was added to the permit? I was going to fire it over with everything I’ve got but wasn’t sure if I’m best to keep some cards to my chest.

Fruitcake

Tcw23 said:

I looked into it and it is the final day I can send it back.

Am I right in saying I don’t send any evidence at this point i.e - screenshots from horizon confirming I was added to the permit? I was going to fire it over with everything I’ve got but wasn’t sure if I’m best to keep some cards to my chest.

Again, we don't know. If this was a court in England or Wales, then no, you wouldn't send evidence with the defence; it would be sent at the exhibits stage along with a witness statement.
You really need to find someone who understands Scottish Law and the Act of Sederunt (Simple Procedure). 

Coupon-mad

Sending it back might mean saying you intend to defend (then getting uni law centre advice on the wording of your defence) but we don't know.

Surely reading the paperwork carefully explains whether you can do the above or whether a full defence actually has to be bunged in now, with no time to get help?

Seems a daft and anti-consumer 'simple procedure' if you cannot acknowledge and say you intend to defend.  Are you sure?

Tcw23

Hi all, just a little update on this. The MP’s caseworker got back to me and advise they are more than happy to help me with it and represent me on my behalf. She said I’m not the first and they understand my frustration with Horizon as a private parking company.
I’ve sent them everything I’ve got regarding it including proof of permit and the claim documents. Their first step is contacting Horizon so here’s hoping!

Coupon-mad

But the simple procedure clock is ticking.  

Have you also done everything the paperwork required you to do, I thought you had a deadline this week?

Tcw23

Deadline is the 21st but I’m going to finalise it all Sunday night and get it ready to go. Turns out in the simple procedure form you need to state all evidence and witnesses you have. I suppose me explaining the situation and stating I have proof of permit plus the tenant as witness might make them back down a little easier.

Tcw23

Just a quick question as I put this together. How do I find out if false charges were added? Horizon have stated a claim of 2.6k but there is no statement of costs, only a £70 parking charge per ticket then 8% per anum from the date of citation. 

Coupon-mad

Are you sure it says £70''parking charge' per PCN?  That's the false add-on.  They normally pass it off as 'damages' or 'debt recovery'.

KeithP

Tcw23 said:

Just a quick question as I put this together. How do I find out if false charges were added?

If you were in England or Wales it would be in the Particulars of Claim box on the County Court Claim Form.

I thought you would've realised by now that the experience of the Scottish courts system is better sought elsewhere.

Redx

Find out how many PCNs are being sued , say it was 10 , multiply by the full amount on each PCN ( and on the signs , so simple maths is say ten PCNs times £100 = £1000 , 20 = £2000 , etc , add on the allowed Legal and Court fees , that's your true total , then they will have added the interest and the £70 damages or debt collection to each and every PCN , which gives the false total being claimed !

It's simple maths , but based on the number of PCNs times the amount per PCN ( £100 or less ) , plus court and legal fees

Or the total amount minus the spurious add-on charges !!

But as KeithP says and as I told you , we cannot answer specifics about the Scottish system , we have no expertise in Scottish law , perhaps in 5 years we might , after the changes due next summer

To put it bluntly , due to Scottish devolution , you have your own parliament , your own laws , a different legal system , etc