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#Post#: 116197--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: April 17, 2026, 12:03 pm
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Just wanted to update here and say that PF solicitors are not
backing down, we have an 'evidential hearing' in June. Their so
called evidence is a blurry photo of the car (no signage visible
in the photo, the car could have been anywhere) and copies of
their correspondence to me.
#Post#: 116211--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: DWMB2
Date: April 17, 2026, 2:19 pm
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I'm not familiar with the Scottish process, does rbe evidential
hearing afford you the opportunity to provide evidence, too?
#Post#: 116218--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: April 17, 2026, 3:17 pm
---------------------------------------------------------
Yes I can provide evidence. However I don’t have anything to
provide!
#Post#: 120128--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: May 30, 2026, 11:26 am
---------------------------------------------------------
Hi all, just an update on this. The evidential hearing is taking
place next month.
While I'm aware that the burden of proof is on the claimant,
should I provide any 'evidence' that supports my case?
Firstly, I genuinely was not even in the vehicle at the time so
they will not be able to prove my responsibility. But the
Sheriff said, rather ominously, that they would examine the
'balance of probabilities' - this makes me wonder will they just
say 'well, its your car so the likelihood is you were the
driver'?
I can provide evidence of whatsapp messages between me and my
partner on the day / time of the ticket that show me telling him
that I'll have to get the bus to my regular yoga class and that
my yoga mat is in the boot of the car. The class, that I booked
onto, took place at 5:30pm in my city on Sundays. The time of
the ticket was 5:15pm in another county, 45 min drive away on a
Sunday.
I also have photos taken a couple of hrs earlier that day from
my city.
Would it hurt to add these screen shots and photos? I guess they
can't go against me in any way? I could also ask my yoga teacher
for a copy of my course booking info, although that doesn't
prove I attended that particular class that day.
#Post#: 120159--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: InterCity125
Date: May 31, 2026, 1:40 am
---------------------------------------------------------
Most of us are not fully conversant with Scottish Law but I
would make the following points on the basis that the
differences generally relate to specific legislation - the
Scottish system will still be based on the principles of law we
are familiar with.
The first thing to reinforce is the fact that it is up to VCS to
provide the evidence which shows that you were the driver.
You were not the driver so VCS will not have any evidence.
In the legal system the Defendant should not be asked to prove
innocence in a situation where no evidence is offered against
them - it is important that you make this point to the Sheriff
at a very early stage.
VCS love to claim that the keeper was the driver on the grounds
of 'reasonable assumption' but it is important that you point
out that this is not 'evidence' but purely a 'commercial
decision' on the part of the Claimant - once the Claimant
reaches Court they still have to prove their case as anyone else
would need to.
You are within your rights to answer questions purely relating
to the evidence which VCS does provide - the VCS representative
will almost certainly (after recognising how weak their case is)
attempt to get you to provide a defence for evidence which they
have not presented.
You are in such a strong position with this case that you can
control the hearing.
Keep the ball firmly in the Claimant's court by consistently
asking them for the evidence which shows that you were the
driver - don't worry if you have to ask this question a dozen
times - you're simply showing the Sheriff how ridiculous this
claim is.
You may find it useful to download and print out VCS v Edward
which can be found at the following link;
HTML https://www.dropbox.com/scl/fi/w0k19zxzlpf9eumu68u7b/VCS-v-EDWARDS-Transcript.pdf?rlkey=5t2gilebrjx7g0d6jmy32lou4&e=2&dl=0
Print out four copies.
You can draw the Sheriff's attention to paragraph 34 onwards.
This again reinforces the two key facts that matter most;
1) That no assumption can be made that the keeper was the
driver.
And
2) That there is no legal requirement for the vehicle keeper to
nominate the driver to a private parking contractor when the law
does not require it.
Hope this helps.
Stay strong - you've got this.
#Post#: 120730--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: June 4, 2026, 11:03 am
---------------------------------------------------------
Thank you!
So no need to write out a witness statement where I explain what
I was doing that day and provide supporting evidence of that? I
feel like although I'm not obligated to, it may help tip the
'balance of probabilities'!
#Post#: 120731--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: DWMB2
Date: June 4, 2026, 11:10 am
---------------------------------------------------------
Opening caveat that my experience is likewise from South of
Hadrian's Wall.
--- Quote from: InterCity125 link ---
>
> The first thing to reinforce is the fact that it is up to VCS
to provide the evidence which shows that you were the driver.
>
> You were not the driver so VCS will not have any evidence.
>
--- End Quote ---
I'm not sure if your points were made in order but if they were
I'd swap these two round. Whilst it's true that it is for the
claimant to prove their case with their evidence, there is in my
view no harm in leading with evidence of your own, namely your
repeated statements that you were not driving.
My thinking here is that if you introduce right from the start
positive evidence in the form of your repeated assertions that
you were not driving, it kills any 'reasonable assumption'
argument before they've even had chance to make it.
#Post#: 120733--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: June 4, 2026, 11:20 am
---------------------------------------------------------
Thank you - yes I agree, it should hopefully be helpful in
assessing the balance of probabilities!
#Post#: 121520--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: Deeptulip
Date: June 11, 2026, 3:25 pm
---------------------------------------------------------
Hello, I have some good news.
I uploaded my evidence and heard from the legal firm offering to
dismiss the case 'purely on an economical basis'.
Thanks to everyone who has been really supportive throughout
this whole saga.
#Post#: 121532--------------------------------------------------
Re: Scotland - solicitor letter threatening sheriff court for
PCN
DIR By: DWMB2
Date: June 11, 2026, 5:29 pm
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--- Quote from: Deeptulip link ---
>
> 'purely on an economical basis'
>
--- End Quote ---
The 'economical basis' being that they realised they didn't have
cat in hell's chance of winning.
Well done for sticking to your guns, and thank you for
continuing to to update us.
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