Threatened with court action - advice required.

Redx

dont read them , just file them all in a folder for 6 years along with all the other paperwork and any evidence or photos that you have for any possible defence (SMART dont do court at the moment, but never say , never)

only come back for help if you receive an LBC or an MCOL from Northampton in the post , within 6 years (statute barred after that)

I cannot see why you did not get a POPLA code and use it to beat them at POPLA ?

Half_way

You could try them with a shut up, put up, or pay up approach, wher you tell them that you will not be paying, unless ordered by a court, and any court case will be vigorously defended, and as such they now have three options:
1: immediate issuing, and commencement of proceedings to obtain the sum demanded via the county court (small claims track) where any action will be defended, and an application for costs would be made against Smart parking

2: The continued use of post and any other means by Smart parking, other than court documents as mentioned above in point 1, or Cancelation as mentioned below in point 3 will result in a £19 per hour or part thereof charge to Smart parking for processing, and storing any letters, this includes, but is not limited to any correspondence from so called debt recovery companies.

3: Confirmation from Smart parking that this matter is now closed and the registered keeper will not be paying any so called parking charge notice

FirstTimeBen

Unfortunately I've only just discovered this forum, and before that I naively believed that the only way to appeal this PCN was via Smart Parking's internal appeals process.

FirstTimeBen

I'm unsure whether to follow the advice given above (put up or shut up letter being sent to Smart Parking) or to simply ignore any debt collection letters being sent.

The first option would at least confirm my stance, however it may also prompt them into court action (although I appreciate that this is not a known route to be taken by Smart Parking previously). I guess I've got nothing to lose now, unless they do take me to court.

Thanks for your help guys.

Coupon-mad

Doesn't matter, it is only Smart. You are not the first to have missed the chance to kill it at POPLA and having to chuckle at the hysterical colourful debt demands for a few months.

Ignore it entirely unless Smart break the habit of a lifetime & try a small claim. If you move house within 6 years, make sure you tell them your new address, so you see all letters and can be sure we are right, this is nothing.

The_Deep

My main issue is that I don't technically have much of a defence

On the contrary, you have an excellent defence, you paid, and you parked properly.

You made a simple human error which, if it got to court the judge is most likely to overlook, they would be mad to try court imo.

FirstTimeBen

I appreciate that, however Ii have no proof of this. Smart Parking possess the only proof possible via their ticket records, yet they are (laughably) denying any such ticket exists!

The_Deep

If you say that you paid, how are the PPC going to prove that you did not? It boils down to who does the judge believe, you or a scammer?