Smart Parking ScS Claim defence, pls help!!

mr_sij

Thank you all, I've sent my defence off this morning, what do I do now? Do I send a copy to the claimant legal representative?

Umkomaas

mr_sij wrote: »

Thank you all, I've sent my defence off this morning, what do I do now? Do I send a copy to the claimant legal representative?

Is this not covered in bargepole's advisory linked in post #2 of the NEWBIES FAQ sticky?

mr_sij

Thanks Umkomas, must admit hadn't gone through bargepoles properly

mr_sij

Just writing to say thanks to you all for the help I had a notice of discontinuance letter come through in the post today. Couldn't be more happier, must admit the whole thing was quite daunting but glad I got them to back down. Thanks again everyone

Coupon-mad

That was very, very quick!

They are obviously seeking victims who pay or who defend weakly. Sadly, I'm sure they will find some.

Just adding that you may now want to consider sending a Letter before Claim for compensation for distress caused by DPA misuse, as I recall this Blog by PP from November:

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

If you decide to try to make a claim and see if you can get a 3 figure sum in settlement in revenge (and why not), have a look at other LBCs prepared against parking firms. I'm thinking of a different sort of case entirely, but to get the idea for the language to use to frighten a PPC off, look at hairray's thread and the letters prepared by LaodsofChildren123 (who is a solicitor in her day job).

HTH

Umkomaas

This was one of the very few first cases of Smart attempting litigation - and they've run away at the first sign of resistance. What a bunch of cowards.

I'd hit them with a LBC for DPA misuse - it worked so easily for the person that PP blogged about.

emski15

I have just read through tour letter of defence after finding myself in a very similar situation this week. Could I ask how you got your head around all the legal jargon and knew which acts to quote? I have zero legal background and don't know where to start. After reading through your letter, I'm not sure which parts would apply to me if I were to use it as a guide.

Coupon-mad

You can use it as a guide.

I suggest you take some time out, acknowledge the claim first, as explained in the pictorial guide linked in the NEWBIES thread, then come back on another day later in the week and re-read this thread and what to do next. It isn't complicated and you can copy from other drafts like this one. You can do this.

mr_sij

emski the best thing to do is read a lot of threads, you'll get your head round all the jargons, like coupon said acknowledge service and allow your self time to research you'll be able to get them to backdown. Feel free to use some of my arguments except the ones that are specific to my case