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#Post#: 96219--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: DWMB2
Date: October 30, 2025, 1:24 pm
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--- Quote ---
> I promise to do better in future (repeated 100 times on the
blackboard).
--- End Quote ---
;D
I was going to say even VCS aren't quite daft enough to claim
PoFA applies in Scotland, but then thought better of it.
As far as I can remember they're the only firm I think I've seen
actually issue claims for a single ticket where they don't know
who was driving.
#Post#: 96223--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: b789
Date: October 30, 2025, 1:42 pm
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I think they are testing the waters here. There is no way they
can recover their costs even if they are successful. No claim
under the simple procedure can recover any costs if it is for
under £200. Even if it were for more, the cost cap is so low as
to not make it worthwhile expect maybe for a case of multiple
PCNs where the value of the claim is over £1,500.
Even if they were successful, they may possible recover the £100
charge but it will have cost them many times that to engage a
Scottish law firm to correspond and issue the claim. If it goes
as far as a "case management discussion" (hearing) they would
face additional costs for their legal representative to attend.
For a potential gain of £100, it would have cost them at least
£500 to do so.
Then again, VCS are incredibly vexatious and follow legal advice
from a complete numpty for their in-house "legal department".
Jake Burgess has worked as a Consultant and Legal Executive for
Excel and VCS, and has represented them both in county court
proceedings, almost invariably unsuccessfully. You can sense his
incompetent advice all over this.
#Post#: 96244--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: October 30, 2025, 3:42 pm
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I cannot thank you enough - this has helped enormously and I
think I will get some sleep tonight. I will act immediately and
complete the form online as suggested.
I think I have been in ostrich mode hoping this would go away,
but lesson learned here.
I am most grateful and I will update with the outcome.
#Post#: 96248--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: DWMB2
Date: October 30, 2025, 3:53 pm
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Do also make sure to share the rest of the pack with us as
advised.
#Post#: 96277--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: October 31, 2025, 4:54 am
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Hi - I've linked to the pack below. It included a 'time to pay'
application as well but that seems to be immaterial: copy of
pack
HTML https://drive.google.com/file/d/1Z_pR_F2X5FzcisKPp3idC1PLX08IBDkV/view?usp=sharing
I've also completed the response form on the portal - will see
what happens now!
#Post#: 96338--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: b789
Date: October 31, 2025, 11:02 am
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You never showed us the actual letter you received. It would
help if you showed that to us, as you may have been able to add
a response to section D2 of the forum.
#Post#: 96353--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: October 31, 2025, 12:14 pm
---------------------------------------------------------
I attached it back in June to the original thread (so there are
some replies that cover its contents) but I actually can't find
it - I looked for the screenshot as well but no sign. It was
basically a demand that didn't say anything official like
'intimation' or that it was a notice of legal action. It
basically said i had 10 days to pay or I'd be taken to court.
The response (above) was that it was a joke of a letter that had
no legal basis and was definitely nothing but a debt collection
demand.
#Post#: 96360--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: b789
Date: October 31, 2025, 1:31 pm
---------------------------------------------------------
If you've not yet responded to the claim, you can put in D2 the
following:
--- Quote ---
> I received a letter from the claimant’s solicitor demanding
payment and threatening legal action, but it was misleading and
did not comply with Rule 2.1(3) of the Simple Procedure Rules.
It provided no explanation of the legal basis for the claim, no
evidence, and wrongly implied that I could be liable as the
keeper. I was not the driver and have no legal liability. I did
not respond to what was clearly an aggressive and unfounded
demand, not a genuine attempt to resolve the matter
pre-litigation.
--- End Quote ---
If you've already responded, it doesn't really matter, as you've
raised the failure to send a forma LoI in your defence.
I have a copy of the letter you provided and it clearly was not
a Letter of Intent (LoI).
#Post#: 100853--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: December 3, 2025, 7:33 am
---------------------------------------------------------
Hello all, update on the above procedure - I have received a
letter from the Sheriff court inviting me to a case management
discussion in January:
HTML https://drive.google.com/file/d/1dM-9Uug63a_fOB_pBm7Qpiy2tMqaWeEE/view?usp=sharing
HTML https://drive.google.com/file/d/1dM-9Uug63a_fOB_pBm7Qpiy2tMqaWeEE/view?usp=sharing
I'm grateful for any advice on how to approach this. I don't
want to tell them that I know who was driving or name them, but
don't want to be obstructive either!
#Post#: 100854--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: DWMB2
Date: December 3, 2025, 7:36 am
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It's asking me to "request access", you need to change the share
options to make it publicly viewable.
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