Scottish drivers must be sued in a Scottish court
If a private parking company wants to take you to court and you live in Scotland, they must use the Scottish Sheriff Court — not the English online system called Money Claim Online (MCOL), not an English County Court, and not the Civil National Business Centre in Northampton. The correct Scottish court is normally the Sheriff Court for where you live, or where the parking incident happened. For claims under £5,000, a process called Simple Procedure applies, which has its own forms (Forms 3A and 3B) and different rules on legal costs — no costs can be recovered at all for claims under £300, and costs are capped at £150 for claims between £300 and £3,000. If the operator has used an English court against you as a Scottish resident, that claim can be challenged because the wrong court has been used.
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
Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings