Smart Parking ScS Claim defence, pls help!!

Umkomaas

Don't worry about the contact with Matalan, nothing can be inferred from it, just see if they will issue you a cancellation letter.

You must take down that first link of the county court claim as your password is still visible. Redact that, then repost the link.

mr_sij

Thanks for spotting that!, I have cross out the password.

Claim form: hxxp://tinypic.com/r/6gzdsk/9

Will contact someone at matalan to get a written cancellation, can I contact their head office or something or would it have to be the store? and also is their a template for sending them an email?

Thanks everyone for your help!

Redx

do both , store and HEAD OFFICE , why not ? no point being economical at this stage

no templates, complaints are better when written as bespoke complaints , but clearly you havent checked the SUCCESSFUL COMPLAINTS sticky thread in the crabman sticky thread, for inspiration and examples etc

do not reveal who was driving , write as KEEPER or an OCCUPANT of the vehicle

the idea is to get them on your side and in writing , even if they fail to cancel the charge (especially now these big companies are disposing of these predator ppc,s)

Umkomaas

LIVE LINKS

Letter before court
Scs of 1
http://tinypic.com/r/1126hsj/9

Scs pg2
http://tinypic.com/r/2zidbht/9

Scs pg3
http://tinypic.com/r/14e6j5s/9

Claim form:
http://tinypic.com/r/6gzdsk/9

Coupon-mad

Letter before Claim says 'parking with a ticket that had expired'. So put the claimant to strict proof of that expired ticket, in the defence as well.

Also, edit all posts you have made that suggest who was driving - do that NOW.

mr_sij

Here is what I sent to Matalan this morning
...............................................................................................................................................................
I am writing to inform you of the appalling actions of Smart Parking in their unreasonable dealings with the attached parking charge notice Ref xxxxx issued on xxxxx on behalf of your company. The incident took place at the branch of Matalan in xxxx.

As the registered keeper of the vehicle I was not the driver on the day of said incident, I have however been sent numerous Debt Enforcement notice in relation to this charge from a company upon further research known widely for their harassing behavior and ultra vires 'Debt Recovery Plus'. Despite my attempts to dispute and appeal this charge notice to Smart Parking Ltd & Debt Recovery Plus, I have now recieved a county court claim made against me by Smart Parking Ltd via their legal representative SCS Law. I have been billed £155 for overstaying 'purchased ticket time' whilst inside your store purchasing goods, and a further additional fees worth £75 has been added which now brings the total Smart Parking Ltd are demanding from me to £230.

I dispute the charge herein as unreasonable.

Details of said visit:

On this day a friend visited your Retail outlet in Romford and purchase items inside, however being confused as to Matalan’s policy regarding paying customers and parking, my friend asked the store assistant at check out who reassured that there was no need to make any payment as parking is covered by the customer receipt as long as a minimum £5 spend is made. The vehicle was picture entering the store at xxxx and exiting at xxxx – just a little less than one hour although this site has a 2-hour max stay limit. The amount spent in the store that day was over £5 so therefore a minimum of 1hour of parking would have been covered according to Matalan’s policy hence this charge from Smart parking Limited is not justified.

I cannot see or begin to even understand how this company is now issuing demanding threats for £230 via county court claim on your behalf nor do I believe they have the right to do so unless they are the Landowners and have authority from the Landowners to carry out such actions. I am concerned by such actions because it would seem Matalan is working hand in hand with this company to penalise loyal and genuine customers whose only crime is being inside your store purchasing goods. I am shocked that customers can be treated in such a way and at such high cost even after spending hard earned money in your stores. Evidence of being in store (till receipt can not be found) however I have attached a copy of bank statement which clearly shows payment was made in the shop around the date of the incident.

I have already acknowledged service of Smart Limited county claim and intend to defend this case fully as the registered keeper of the vehicle. I have been a Matalan customer for quite some years with majority of my purchases usually made online, however this incident has forced me to really consider whether I will continue being a customer for the foreseeable future, it is a shame that loyal customers are rewarded with such actions from Smart Parking Ltd – however I do note from research that the company no longer have a working relationship with Matalan which is a positive step in the right direction for Matalan, as this company could lose you customers/sales and a good name with behavior like this.

I hope you will find this complaint justified and in light of this issue a letter of cancellation to Smart Parking Ltd to drop their pursuit of this frivolous claim. I would also require that you send me a copy of the written letter of cancellation, which I intend to use as part of my defence of the county court claim made against me by Smart Parking Ltd.

Thank you for your assistance and I look forward to your response on this matter.

Kind Regards,

Umkomaas

As the registered keeper of the vehicle I was not the driver on the day of said incident, I have however been sent numerous Debt Enforcement notice in relation to this charge from a company upon further research known widely for their harassing behavior and ultra vires 'Debt Recovery Plus'. Despite my attempts to dispute and appeal this charge notice to Smart Parking Ltd & Debt Recovery Plus, I have now recieved a county court claim made against me by Smart Parking Ltd via their legal representative SCS Law. I have been billed £155 for overstaying 'purchased ticket time' whilst inside your store purchasing goods, and a further additional fees worth £75 has been added which now brings the total Smart Parking Ltd are demanding from me to £230.

I think I'd be making the court part of this stand out, by making it a separate paragraph with a bold header:

Smart Parking are Suing Matalan Customers

And I think I'd be adding that this is one of three claims (reported in the public domain) where Smart are suing Matalan customers. They have never, ever, previously sued for any parking charge anywhere in the UK. It must be concerning to Matalan why it is your customers who are being singled out for this venal and disproportionate measure.

You need to lay this part of it on thick - as it's court you are trying to avoid.

mr_sij

This might be a novice question, can anyone confirm when the 28 days deadline for the claim form ends, is it from the date on the claim form or from the date of acknowledgement of service? The claim form is dated 13th of Apr but I acknowledge the service online on 22nd of Apr how long do I have to submit full defence. Thanks for all your help so far

Umkomaas

It's actually 33 days from the date on the claim form. But if you work on 28 days you'll be quite safe. That is, providing you sent in your AoS within the first 14 days, which triggers your additional 14 days.

Lynne1619

Hi, I'm new to this forum.
I have received 3 Demands for payment the other day from DRP. They are acting for SMART PARKING.
They all relate to 3 dates in **JULY 2014** at Forth Valley Royal hospital Larbert SCOTLAND.

I am the keeper but not the driver. I moved from the address that was given by the DVLA last August but I don't recall getting any PCN's at that address.
DRP are demanding 3 lots of £140, reason for issue is OVER FREE TIME.

I have seen a couple of vague mentions to ignore PCN's issued in Scotland.

Can anyone give me any advice ABOUT HOW TO PROCEED please ?