Scotland — Sheriff Court Simple Procedure: claim < £300 has no expenses recovery
Under the Simple Procedure Rules 2016 (SSI 2016/200) and Sheriff Court Fees Order 2018, claims under £300 in the Sheriff Court attract NO recoverable expenses (other than court fees) on either side. Claims £300–£3,000 attract a maximum of £150 in expenses. This is a powerful deterrent against private parking operators raising small-claim Sheriff Court actions in Scotland — the legal cost of running the action far exceeds any recoverable amount. Use this to call the operator's bluff: state in your Letter Before Action response that you will defend in Simple Procedure, that any expenses recovery is statutorily capped, and that you will seek your own statutory costs (capped but real). Many operators will fold rather than incur losses.
Legal basis
Simple Procedure Rules 2016 (SSI 2016/200); Sheriff Court Fees Order 2018 (SSI 2018/81); Courts Reform (Scotland) Act 2014
How to identify this in your case
Operator threatens court action for private parking charge in Scotland (typical claim £100-£170).
Sample appeal wording
Dear [OPERATOR / SOLICITOR], Re: Notice of Court Action If you raise proceedings in the Sheriff Court under Simple Procedure, please note: — For claims under £300, no expenses are recoverable on either side beyond the court fee (Sheriff Court Fees Order 2018); — For claims £300–£3,000, expenses are capped at £150 (Simple Procedure Rules 2016 r.13); — Your £170 claim therefore caps your expenses recovery at £150 even if successful — meaning your gross recovery is approximately £320 (claim + capped expenses) against legal cost of running the action. I will defend on the substantive grounds (POFA does not apply to Scotland; no contract; prescription if applicable) and seek my reasonable expenses within the cap. Even if I lose I will pay £170 + court fee + £150 capped expenses — well below the level at which any economic recovery accrues to you. I expect, on these economics, that you will withdraw rather than pursue. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Simple Procedure Rules 2016
- Sheriff Court Fees Order 2018