Euro Car Parks- Case management discussion Simple Procedure Scotland Gordon & Noble Mellicks

towniewarrior

Hi Looking for some upto date advice on PCNs at court in Scotland.

RK of a car 2017-2018 (to keep on top of road tax/MOT payments as owner/main driver was unreliable). RK not the main driver/owner of car and insurance shows this-RK was only a named driver.

Gordon and Noble posted a letter 2020 asking for payment of PCNs with charges on top. RK called and asked Gordon and Noble for full information eg dates/times etc and was told they couldnt provide this. RK assumed this was a scam. Roll on 15 months later and receive a Simple Procedure through from Mellicks asking for payment or court action. Now at case management stage.
Main driver/owner of car is not responding to letter from Mellicks. RK used public transport to get to and from work over this period and know didn't park the car-stressful situation trying to get someone to admit to parking when it was 4/5 years ago and personal circumstances have changed drastically. Cant ask to admit it was them due to fear of retaliation and being called "a grass"    
Is RK now going to have to pay and possible get a decree because driver not identified? If a decree is granted and it impacts credit rating, Is RK as well going bankrupt as it will have same consequences  - Terrible outcome as impacts career but dont see any way out?   

KeithP

But the RK has no liability in Scotland.

The RK has no obligation to name the driver.

If need be, can you prove you were not the driver? It may well come to that.

Redx

Maybe this thread can help ?

https://forums.moneysavingexpert.com/discussion/6177447/gordon-noble-collections-letter/p1

We don't see many cases for Scotland , so most of us know little or nothing but it

towniewarrior

KeithP said:

But the RK has no liability in Scotland.

The RK has no obligation to name the driver.

If need be, can you prove you were not the driver? It may well come to that.

The first case management discussion the sheriff was fair, the second she was adamant RK should name the driver or go to an "evidentual hearing" It has been delayed to give time to identify the driver.
It was almost 5 years ago - difficult to prove RK wasnt driving - especially since the RKs employer ceased trading in 2019. Feels like Euro car parks purposely waited almost 5 years to make it difficult to prove RK who was driving??   

Umkomaas

How much are ECP seeking?

towniewarrior

Umkomaas said:

How much are ECP seeking?

PCNS £80 each plus £60.00 debt collection fee for each one

Umkomaas

towniewarrior said:

Umkomaas said:

How much are ECP seeking?

PCNS £80 each plus £60.00 debt collection fee for each one

Well that's standard, but how many PCNs?  

towniewarrior

7 PCNS over 9 month period between 2017 and 2018

KeithP

So a total of £980. 

Why didn't you say that?

towniewarrior

KeithP said:

So a total of £980. 

Why didn't you say that?

Assume there will be additional overall court costs added so not final figure. 

Redx

We would assume the opposite , that the spurious £60 so called debt collector charges would be dismissed by the sheriff , leaving 7 times £80 = £560 , plus court fees , like it does down here