Sheriff court claim, Have I got the correct template?

Gullzter

Redx said:

Gullzter said:

Redx said:

It is extremely useful to prove that you were not the driver at the time , in any court case , in any nation ! Regardless !

The point to focus on is that the claimant must prove their claim , or fail , especially because POFA does not apply yet in Scotland

The claimant plus the sheriff could decide 51% to 49% that you were the likely driver , given that 8 PCNs are involved. I hope that your V5C is up to date ? Because not updating it is a common cause of missing documents. A SAR to the DPO at ECP should reveal where they went etc

But do not focus on the procedures South of the border ( the wall ) , we don't have guides or experience for claims in Scotland , it's relatively new , although there have been a few cases this year on here , plus the infamous Carly Mackie case a few years ago !!

You may have many questions , but few people who come here will know the answers , apart from common sense

It's a by product if devolution , like the COVID rules , different for each nation

Good luck

Thanks again for the response, I won't be able to prove anything without the given dates, which I'd require a SAR by the sounds of it.
From my research so far, and you rightly mention it seems they'd need to prove who was driving at the time, if I flat out deny responsibility of being the driver, they wouldn't be able to prove this and in Scotland I wouldn't have to name who may have been driving, if I have got that correct?

So if I go ahead and mention all the above, and at the same time I request SAR from the courts aswell as the claimant, or would it be worthwhile just disregarding the SAR in the hope the claim gets thrown out instantly as I have never received any PCNs and there's no evidence I was the driver? 
Ps the V5 would have been registered at the correct address. 

The SAR goes to the DPO at ECP , nobody else , I have no idea why you would end a SAR to the court , no idea at all !!

Yes they should have to prove who was driving , but unless you deny being the driver , under oath , they can construe your Defence as probably the driver , based on the balance of probabilities , OTBOP , a valid legal argument , which is why with 8 PCNs ,they have a valid point , unless you swear under oath that you were not the driver , because perjury is a criminal offence !

I did outline this with the percentage figures , which is how we ended up with BoJo Brexit !!

There is no legal requirement to name the driver , but a no comment answer puts them back to OTBOP !  The merry go round continues !

Not receiving the PCN s is not a legal argument in any defence , they are deemed to be delivered 2 days later , to the address obtained from the DVLA , the registered keeper address

I agree that it is unlikely that there is any evidence of who was driving , but it can be inferred OTBOP , unless categorically denied , on oath , no perjury !

Edit , Other threads below

https://forums.moneysavingexpert.com/discussion/6303976/simple-procedure-horizon-parking/p1

https://forums.moneysavingexpert.com/discussion/6305544/vcs-simple-procedure-notice-of-claim-for-pcn-ntk-scotland

https://forums.moneysavingexpert.com/discussion/6055602/scotland-euro-car-parks-ltd-simple-procedure-claims-received/p1

https://forums.moneysavingexpert.com/discussion/6206937/smart-parking-scotland-simple-procedure-notice-of-claim/p1

https://forums.moneysavingexpert.com/discussion/6242906/vcs-fine-in-scotland/p1

https://forums.moneysavingexpert.com/discussion/6229745/to-contact-private-company-after-simple-procedure-form

This is great thanks, I've read through them all and 3rd and 4th link are great reads so I'll try use some guidance from those. 

Old_Slobberchops

Gullzter said:

Thanks for the the response, unfortunately its hard to provide proof of anything when I don't have any dates/times of alleged offences, no photos of the vehicle etc.
So how then can I deny this claim and ask for evidence simultaneously, am I denying the alleged offence on the basis I haven't even seen any evidence to prove anything or just plain outright denial of the alleged offences? 
I will certainly be challenging them on the claim, I just hoped there would be a template for some of the challenges I could come up with, especially when I've been advised on keeping it simple by the citizens advice, which seems to be regarded here as the incorrect procedure.

Yuille and Kyle should have provided some information with the claim. There is an obligation to set out the basis of the claim, details of where events occurred, a list of dates and locations as well as a few photos of signage showing a contract. You don't need dates and times to include a copy of your insurance as evidence that there may be others who drove the vehicle and point that out.

These are not offences. You are being sued for breach of contract, that contract being that you parked in a certain location and broke the rules somehow. You will know yourself the facts of the case - who was the driver, whether they are pursuing the keeper or driver, where the events occurred - with 8 tickets, so there is enough to put together a defence statement. If you were not the driver, that should go front and center of your defence.

If you really don't know anything and have had no PCNs at all, say that at the start of your response and ask the court to order the claimant to send you better details and allow you further time to reply to the claims.

Citizens Advice are correct, keep it simple and don't flannel but that doesn't mean you can't raise valid points on the defence. There's no templates for these. If the sheriff gets even a whiff you've used a template, the defence will go straight in the bin. It must be your own work.

Gullzter

Thanks folks, I've responded and the case will go to a telephone hearing in March, will try to keep things updated as and when possible.