If you have received correspondence from our firm relating to parking charges incurred in a private car park, please read this important information carefully…
There are many common misconceptions surrounding enforcement of parking charge notices incurred in private car parks in Scotland. Principally, that they are illegal/unenforceable in Scotland. This is not the case. The position is that our clients have instructed Gordon & Noble to recover outstanding parking charges by all possible legal means. The correspondence you have received is your final notification that should payment not be received, then a Solicitor will be instructed to raise a Simple Procedure or Ordinary Cause Action against you in the Sheriff Court. Once you receive the Claim Form or Initial Writ, you will have an opportunity to pay however, you will be liable for legal costs and judicial interest incurred by our client due to having no option other than to raise the court action against you. Should you wish to defend the action, then both the solicitor and yourself (or your representative) will attend one, or possibly more, hearings in front of the Sheriff in the Sheriff Court who will make a decision based upon the evidence presented by both parties.
Should the Sheriff find in favour of the parking company, a Decree will be granted by the court and will be entered onto your credit file adversely affecting your ability to obtain credit. Legal costs and judicial interest will be added to the debt. The Decree is enforceable by a Sheriff Officer and lasts for 20 years.
Should the Decree be granted and you subsequently settle then you must obtain a Letter of Satisfaction (a small fee is chargeable) from the creditor and apply to the Registry Trust for your credit file to be updated Please note that your credit file will only detail that the Decree has been paid. It will not be completely removed from your file for 6 years. Please do not ignore any correspondence. We would encourage you to engage with our office before the matter proceeds to a court action. If you were not the driver of the vehicle, then, please provide us with the details of who was driving at the time or put the person in touch with us and we can reroute our contact accordingly. Under the The Transport (Scotland) Act 2019, failure to do so will result in you becoming liable as the registered keeper of vehicle.
If you do not wish to engage with us, then we recommend that you to seek your own independent legal advice. Alternatively, contact us on 0141-221-8615 or email@example.com
The following articles are examples of why it is important to get in touch to resolve the matter.