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Scotland - PCN escalated to Sherriff Court CMD, potential evidential hearing!
#1
Hi there

I posted on another forum about this and got some great advice but the thread seems to have gone 'cold' with no replies, but there have been some developments. Here's the current situation:

PCN issued in March 2025 - I am the keeper but wasn't the driver at the time. 
I ignored all the correspondence until suddenly I received a notice of Simple Procedure from the Sherriff Court. 
I disputed their claim and attended a case management discussion call last month. 
The solicitor (Pollock Fairbridge) did not attend the call but gave notice that they were unavailable. 
The Sherriff suggested I just pay the original principal sum of £100 to get this settled, but I said I'd prefer not to as I was not the driver and therefore not liable. 
The Sherriff warned that if we didn't settle, this could go to an evidential hearing. 
Another case management discussion has been scheduled for March 'to give both parties time to come to an agreement'. 

I emailed PF to ask them to withdraw the claim as I was not the driver. I received the following response:

Thank you for your email.
If you wish to settle this claim then our client will accept the principal sum, being £160.00.
If we are unable to agree settlement then our client has instructed that we continue with the claim. At the next Case Management Discussion we will seek an Evidential Hearing.
In the meantime, we attach a List of Evidence which we are lodging with Edinburgh Sheriff Court.

...Do I just double down and let them get to evidential hearing (would that involve legal costs?) 

I genuinely was not in the car at the time, so I don't see how they can provide evidence that I was? 

The 'evidence' they attached is copies of their correspondence (demands for money) and a photo of the car - no signs in the photo. And a copy of the wording in the car park on signage. 

I'm actually fuming, as their response is so snotty and describes the £160 as the 'principal sum' when actually that's the combination of their 'fine' plus a £60 'debt recovery fee' 

Any thoughts welcome!
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Scotland - PCN escalated to Sherriff Court CMD, potential evidential hearing! - by DeepTulip - 02-12-2026, 06:19 PM

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