26 Mar 2019

A question about : Urgent help please. Small claims court summons from Horizon in scotland

There have been tickets issued on my vehicle for parking at a private site in glasgow . Pcn's were ignore then Gordon & Noble started calling again I ignore and barred there number. I have now been issued a summons for a small claims court in February. Can someone advise what I should do next - the sum of the charges has totalled Ј1350 I do not have this money to pay the supposed charges and have no experience with a small claims court.

Best answers:

  • I want to watch this as I'm at "solicitor" stage with UKPC in Wales and also ignored all to date.
  • Have you actually received a summons? Or is it a threat to raise a claim? (Who has sent the summons?)
    Has the summons been served on the Registered Keeper?
    If yes, has the driver identity ever been disclosed?
    If they're summonsing the RK and no driver is identified then they likely lose ... there is NO registered keeper liability in Scotland.
    UKPC raised claims in Dundee but quickly backed out when they realised they were going to get malkied on the No RK Liability point. Search this forum for Dundee UKPC Court to find related threads, like this one:
    https://forums.moneysavingexpert.com/...dee+ukpc+court
  • Their tactics are completely different in Wales to those in Scotland, so this might not be very relevant to rosiedawnie.
    UKPC have issued a number of claims in Scotland, but as far as I can tell, none of them have made it as far as a court yet.
    CAB in Scotland were assisting people with claims against them, with some degree of success I think.
  • My partner had to sign this morning for a summons that was sent recorded delivery. It is addressed to the registered keeper and liability of who was driving has never been disclosed.
  • Just to add some info the Ј1350 charges are for 9 alleged violations of parking of which I believe a full day parking at said site is only Ј12 ....
  • Some interesting reading:
    https://www.thecourier.co.uk/news/loc...ivers-1.670162
    The Parking Prankster has also blogged about this.
    Also might be worth contacting CAB Scotland, who have assisted motorists with some of these claims previously:
    https://www.cas.org.uk/about-us/campa...arking-charges
  • The summons has been sent naming the local sheriff court and has been issued with horizon parking limited thru a solicitor based in glasgow
  • It says the claim is a decree for payment to the pursuer by the defender and to find the defender liable for expenses of this action,
    I need to return the paper work stating if I
    1 admit liability for the claim and settle with pursuer now
    2 admit liability for the claim and make written application to oay by instalments or differed lump sum
    3 admit liability for the claim and attend court to make application to oay by instalments or differed lump sum
    4 dispute the claim and attend court
  • Looks like they think the total value is worth the punt. So you'll need to follow the proper Scottish legal process and defend this ... and you have a slam-dunk winning defence - there is no keeper liability in Scotland so the claimants are pursuing the wrong party. (There is no requirement for a keeper to identify the driver).
    Obviously you also include the other usual defence points - no authority/standing as they are not the landowner, and the contract with the landowner does not confer the right to pursue claims through the courts; the sum being pursued is a disguised penalty and so breaches the UTCCR etc. (See the Parking Prankster's Guide to Defending PE Court Claims ... a lot of the content will apply equally here).
    I note the thread is titled UKPC but you mention Horizon Parking Ltd in post #10 ... what gives?
  • I mistakenly typed ukpc as they were the owners of a car park that was previously used thanks for your help it's really appreciated
  • Strange that a PPC from Chelmsford, Essex that has never issued court proceedings in England/Wales, is chancing its arm well outside its 'own manor', and pursuing the RK in Scotland where no keeper liability exists.
    There's possibly more to this than immediately meets the eye?
    https://www.gov.uk/government/upload...ssociation.doc
  • Hmmmm... also, of the dozen or so known cases to be brought so far, the PPC has been either VCS or UKPC.
  • If you want my opinion, this is either a wild punt to see if you'll cave in and pay up, and hence they can do a business model on how many pay and how many defend (and they lose) and do the maths, OR, they're incredibly thick and have received very poor legal advice.
    If defended, they'll run a mile.
    I would advise contacting Scotland Citizens Advice, to see if they can help - they appear to have assisted in getting some or all of the other VCS and UKPC claims dropped.
  • You said this was for 9 violations of parking where the day fee was Ј12, so was a fee due for the 9 parking incidents or are they of the type where it's free for a while and then has fees later?
    Not that it's particularly important, there's no keeper liability and they can only chase you for genuine losses and reasonable costs. If the cost of parking was free and there's no loss, any costs chasing it are unreasonable. If you should have paid them Ј108 (9xЈ12) then they should be claiming a lot closer to that figure than the Ј1350, and the onus is still on them to prove that you owe them the initial Ј108 (for each instance) as well as that their expenses are reasonable.
    The odds are that it'll be dropped before it makes it to court, but you'll need to defend it thoroughly in advance so that they don't think they can just win by default.
    There should be an option to put your case forward in writing (there's no keeper liability, it's not a genuine loss) as well as to request some sort of mediation. It'd also be worth making a "drop hands" offer, acknowledging that you'll both lose money persuing it, and in the spirit of mitigating losses you can agree to just drop it and walk away. They'll refuse, but it'll give you something else in your faviour to show to the judge (that you've tried to be reasonable, and they haven't).
    So your only option at this stage is 4: dispute the claim and attend court
  • It's not even Ј118. It's Ј108.
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