Mellicks Solicitors Letter - Smart Parking (Scotland)

der_hammer

Looks like I'm going to need the help of this forum.


The two tickets in the original post has now seen me summoned to court by Scott & Co LLP.


My wife said someone knocked on my door and delivered the papers. It will still be a few hours until I get home to see them, but she said there's rakes of paperwork.


In the meantime, given that I have done absolutely nothing throughout this whole process, contacted no one at Smart, DRP, Mellick's etc, what are my options here?

DoaM

Read what's been received first.

Their website suggests that they're just another debt collector.

pogofish

Like many of these firms, Scott and Co do have a legit/court-appointed arm and a shonky/powerless bunch of extortionists in the back-room with a rep for playing a bit fast and loose with the rules.

If they have served a real summons, you should be able to confirm the calling date/case number directly with the court concerned. Do this before doing anything else like contacting them.

Issuing incomplete court papers is just one of the unscrupulous tricks debt collectors use and would be grounds to bring a complaint to the Society of Messenger at Arms and Sheriff Officers in Scotland.

Ryandavis1959

If you go on Facebook and search for Barry Beavis you will get better advice than the people here who tell you to ignore and 'calm your wife down' and then don't return when you really need help.

There are lots of Smart and VCS cases going through Simple Procedure right now and there is a private Fb group that you can request to join for some good advice (hardly anyone on this website knows anything about Scotland other than to say 'don't tell them who was driving' even though it's completely different in Scotland).

Good luck and don't back down, seek out Barry!

beamerguy

Ryandavis1959 wrote: »

There are lots of Smart and VCS cases going through Simple Procedure right now

Well they will do if they name the driver ??

We cannot stop people naming the driver in Scotland

Simple Procedure is similar to mediation in England and Wales
which is not advised ... all depends if the driver is named

http://www.scotcourts.gov.uk/taking-action/simple-procedure

Ryandavis1959

beamerguy wrote: »

Well they will do if they name the driver ??

We cannot stop people naming the driver in Scotland

Simple Procedure is similar to mediation in England and Wales
which is not advised ... all depends if the driver is named

http://www.scotcourts.gov.uk/taking-action/simple-procedure

In Scotland the Sheriff will ask you if you were driving, if you decline then he will call every person who drives the vehicle into his court until he finds who was driving.

English judges are much softer than up here!

I also think it's a disgrace that people on this website will bully and intimidate people into lying about saying they didn't know who was driving. A lady recently lost a Simple Procedure case because she was helped by English people I think from this very website telling her not to name the driver, she listened and lied in court and the Sheriif tore her to shreds and told her she wasn't credible. She lost over £2K to UKParking when she would have won if she Hadn't been pressured by people who don't understand Scots law into lying about the driver when she should have attacked the poor signage instead! (UKPC and Sarah Gegan).

It's best to say that the signage was not adequate to form a contract.

Search for the case on Facebook it's on the members only group, she didn't get that right advice and now all cases in that court are becoming difficult to defend because the Sheriffs are becoming annoyed with Defenders lying to them (obviously if you genuinely wasn't driving then just tell the Sheriff who was don't even think about lying!!!!!)

Ryandavis1959

If the Defender wasn't the driver then just tell the solicitor who was the driver and that will stop them from being about to continue Simple Procedure against you. OP don't worry if you wasn't driving then this can be dealt with very easily to make it go away.

Ryandavis1959

der_hammer wrote: »

On reflection, yes of course I should have paid. But considering it at the time, the first trip was to drive in and drive out. The fact we were feeding our baby stopped us. The second time there were no parking spaces, which is why I and several others were parked within the car park but not in actual spaces.


I appreciate the replies and I would certainly not condone my own actions, which is why I had never before received a parking ticket.

If your wife was breast feeding then maybe you can mention the Equalities Act as a defence? I'm not sure I'm not an expert but someone mentioned it on The FB group.

Coupon-mad

Ryandavis1959 wrote: »

If you go on Facebook and search for Barry Beavis you will get better advice than the people here who tell you to ignore and 'calm your wife down' and then don't return when you really need help.

There are lots of Smart and VCS cases going through Simple Procedure right now and there is a private Fb group that you can request to join for some good advice (hardly anyone on this website knows anything about Scotland other than to say 'don't tell them who was driving' even though it's completely different in Scotland).

Seen VCS cases attempted in Scotland - none from Smart that anyone can recall.

Never seen anyone tell you to 'calm your wife down'. Us women aren't that weak, you know, this isn't the dark ages.

Not saying who was driving remains the strongest defence against this scam, in Scotland.

As usual, your advice comes across as if you have an agenda to cause alarm and I take you advice with a huge pinch of salt.

The only thing I agree with is your praise of the efforts of Barry Beavis, the epitome of someone still fighting back against the scumbags and making a difference.

Coupon-mad

Ryandavis1959 wrote: »

If your wife was breast feeding then maybe you can mention the Equalities Act as a defence? I'm not sure I'm not an expert but someone mentioned it on The FB group.

Yes in Scotland, because it's illegal to interfere or stop a woman from breastfeeding a baby in Scotland (it's not illegal as such, in England). But the parking firm are only guilty if they 'knew or should have known' about the issue - so the OP should write and state it as a fact and attach proof the relevant (criminal) law as it stands North of the border:

https://www.citizensadvice.org.uk/scotland/law-and-courts/civil-rights/breastfeeding-s/

HTH