Scotland — Sheriff Court Simple Procedure jurisdiction (NOT Money Claim Online)
If a private parking operator threatens to take you to court in Scotland, the action MUST be raised in the Scottish Sheriff Court — NOT in MCOL (Money Claim Online), the County Court, or the English Civil National Business Centre at Northampton. The Sheriff Court (Scotland) Order Confirmation of Jurisdiction Act 2014 and the Civil Jurisdiction and Judgments Act 1982 (Schedule 8 — intra-UK jurisdiction) require that proceedings against a Scottish-domiciled defender be raised in the appropriate Sheriff Court for the defender's residence, OR where the wrong/contract was performed. Operators frequently raise English MCOL proceedings against Scottish-domiciled keepers — those proceedings can be challenged for lack of jurisdiction under CJJA 1982 Sch 8 r.1. For claims under £5,000, Simple Procedure applies (replacing the former Small Claims and Summary Cause). Simple Procedure has different rules, different forms (Forms 3A, 3B), no expenses recoverability for claims under £300, and a maximum recoverable expenses cap of £150 for claims £300–£3,000. Operators often don't realise this and pursue Scottish defenders in MCOL — wrong forum, claim should be dismissed.
Legal basis
Civil Jurisdiction and Judgments Act 1982 Sch 8; Courts Reform (Scotland) Act 2014; Simple Procedure Rules 2016 (SSI 2016/200)
How to identify this in your case
Operator threatens or has issued an English county court / MCOL claim against you while you live in Scotland. Or claim issued in wrong Sheriff Court (e.g., Glasgow when you live in Aberdeenshire).
Sample appeal wording
Dear [OPERATOR / SOLICITOR], Re: Letter Before Action / Notice of Court Action [REF] You have indicated an intention to commence proceedings in [the County Court / Money Claim Online] for £[AMOUNT]. This forum is incorrect. I am domiciled in Scotland at [ADDRESS]. Under the Civil Jurisdiction and Judgments Act 1982 Schedule 8 (intra-UK jurisdiction), proceedings against a person domiciled in Scotland must be brought in the Scottish courts unless the matter falls within an exception not relevant here. Specifically, rule 1 of Schedule 8 confers jurisdiction on the Scottish courts where the defender is domiciled. Any proceedings brought in MCOL or the English County Court will be defended on the ground of lack of jurisdiction under CPR Part 11 / CJJA 1982; I will seek dismissal of the claim and an order for costs on the indemnity basis. If you wish to pursue this matter you must do so in the Sheriff Court at [APPROPRIATE_SHERIFFDOM] under Simple Procedure (claim under £5,000) per the Simple Procedure Rules 2016 (SSI 2016/200). Note that recoverable expenses are capped at £150 for claims £300–£3,000 (Sheriff Court Fees Order 2018) and that I will defend on the substantive grounds set out separately. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Civil Jurisdiction and Judgments Act 1982
- Simple Procedure Rules 2016
- Courts Reform (Scotland) Act 2014