Scotland Simple Procedures Claim for 2yr old PCNs

[Turner962]

Euro Car Parks Ltd have filed a Simple Procedure Claim against myself as the registered keeper in my local sheriff court.

The offences are 6 tickets for parking outside a marked bay. Location of offence is a gated car park which only allows resident parking. The dates of the offences are around July 2017 (so over 2 years ago). No prior appeals have been made to any of the tickets.


Keeper's defence is not/unsure of driver as over 2year ago, will this be enough?

Have emailed SAR to their DOP@ECP and their solicitor as specified in the Simple Procedure Claims forms for correspondence, have had no response (after a week). I understand they have 30days but do I need to send request Recorded Post in writing so that there is a 'paper trail'?

Have yet to send Simple Claims Response Forms.

Thank for any advice in advance

[Nostrus]

They can do nothing against the registered keeper if they were not the driver at the time. Fill out the response form and get it back to the court before the Last Date for Response so they can't get a decree in absentia.

Email is admissible as evidence in court. I would probably put read receipts on from now and chase them up.

Disclaimer: I am not a solicitor and suggest you get independent legal advice.

[Turner962]

**UPDATE**
July 2020
Just an update from initial proceedings from 2019.
Case management hearing had been called in Dec 2019.
It was quickly decided during this hearing, from papers filed from both parties, the Sheriff can only proceed with a Full hearing at a later date. It was scheduled for April 2020.

Due to a World Pandemic, the case was paused, but now a Case Management hearing has been scheduled via telephone Conference call for Aug 2020.
The stipulations of the hearing calls for the following:

• At the hearing, the Sheriff will expect both parties to be prepared to argue their case in full. Both parties should be aware that the sheriff may make a decision in their case even if they are not fully prepared to argue their case.
• The respondent states that it is for the claimant to prove that they were driving.
• There is no dispute that the respondent was the registered keeper at the material times.
• The respondent is asked to clarify whether she was the driver of the vehicle at all or any of the material times
• The respondent is reminded that the claimant require to prove facts from which an inference may be drawn as to who the driver/s of the vehicle was on each occasion the vehicle was parked outwith of the marked bay.

I have been encouraged to offer a settlement to show, not as an admission of guilt but that I want to save the court's time and more importantly, to alleviate the stress this case has been causing.

August 2020

**Update
Still no verdict can be made after telephone conference call. Another one has been scheduled.
During this call, I was asked to name the driver. I maintained my right not to and was told "It is my right, but there are consequences to that right." Very nerve racking

ECP are pursuing the resident of the location these tickets were issued. They had given a witness statement in my Response against them. Due to this, the court has allowed ECP time to further pursue a response from this resident to admit to be the driver.
I was again advised by the court to come to a settlement with ECP. And if I have access to legal representation if case may come to a full evidence hearing.

What powers would the Court have in Scotland if neither parties name the driver?

Appreciate any advice given, thank you in advance!

[Nostrus]

At this point I would suggest independent legal advice. I hadn't realised this was a residential parking issue instead of a commercial one, and you may be coming up against a resident who is tired of loads of people parking outside their residence.

And I've just found out that the Transport (Scotland) Act 2019 has introduced keeper liability in Scotland.