Simple Procedure - Horizon Parking

Jenni_D

If all else fails, start here:

https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules

Part 4 is regarding how to respond to a claim. Looking at it then it suggests that when responding to a claim you need to file your defence and WS at that time ... it doesn't seem like there's an AoS step. However it would be best to get proper legal advice on at least this point (as previously mentioned).

Tcw23

Just an update. Had my court date yesterday and have been ordered to pay £2,100 out of the £2,640. The sheriff didn’t seem interested in the slightest and told me and Horizons solicitor to sort it out between us and they would not accept anything below £2,100 so I had no choice but to accept even though I don’t have anything to pay it. A very upsetting experience all round😞

D_P_Dance

 The sheriff didn’t seem interested in the slightest 

Is there not a complaints prcedure in Scotland similar to that in England?

https://www.gov.uk/complain-judge-magistrate-tribunal-coroner

Umkomaas

What happened to the MP's caseworker? They said that they would represent you. Did they?

Redx

Tcw23 said:

Just an update. Had my court date yesterday and have been ordered to pay £2,100 out of the £2,640. The sheriff didn’t seem interested in the slightest and told me and Horizons solicitor to sort it out between us and they would not accept anything below £2,100 so I had no choice but to accept even though I don’t have anything to pay it. A very upsetting experience all round😞

Court action in Scotland is going to increase faster than Omicron , especially in the next few years !

So some people up there are going to have to get clued up on POFA , Scotland laws , the transport bill , the CRA , the EA 2010 etc

Little point in asking us England or Wales dwelling folk !

Sorry about your loss

MothballsWallet

Redx said:

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

Although some of the laws & legal system in Scotland pre-date devolution.

Nicola Sturgeon saying she can't wait for the older generation of voters to die off is definitely post-devolution (this is reported in multiple newspapers, accessible via Google).

Old_Slobberchops

Tcw23 said:

Just an update. Had my court date yesterday and have been ordered to pay £2,100 out of the £2,640. The sheriff didn’t seem interested in the slightest and told me and Horizons solicitor to sort it out between us and they would not accept anything below £2,100 so I had no choice but to accept even though I don’t have anything to pay it. A very upsetting experience all round😞

That's unfortunate but, TBH you were on a hiding to nothing with pre-permit PCNs. You might have been better contacting Mellicks, who likely were the solicitors Horizon were using and tried to cut a deal before it went to Case Management. I've done a few in Scotland and they are much tougher to win. Judges hate doing them. Unfortunately I've only just seen this one today or i would have chipped in. There's not much you can do now other than talk to Mellicks trying to set up a payment plan and ask them to hold back from Registering the Decree.