help, smart parking- date has been set for small claims hearing

amanda198601

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amanda198601

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amanda198601

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Coupon-mad

I text my friend who advised to reply just saying i wasn’t the driver. i did so in a blind panic and really didn’t argue very well.
I’ve now received a hearing date, the 10th of January.

OK, so you have responded to the letter you linked that talks about responding by 16th November?

Is the hearing for BOTH claims? You said you got two separate summonses.

Did you choose the option to DISPUTE THE CLAIM AND ATTEND COURT to do any of the following:

- challenge the jurisdiction of the Scottish Court (maybe, because you will be living in England)
- state a defence
- state a counterclaim
-dispute the amount of the claim

You should fill in Form 4A and send it to both the court and the claimant by the last date for a response. Did you? And did you do that for both claims? Is the hearing date for both the same date?

IamEmanresu or another respected long-term poster with decent relevant knowledge might correct me if I am wrong, but I think the first hearing is this:

First diet:

A date on which an indictment calls in the sheriff court in solemn proceedings to determine whether the prosecutor and defence are ready to do to trial.

Read this which explains the simple procedure in Scotland:

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

I really hope you were telling the truth about not being the driver, and can show evidence of that, such as proof of where you were on the material dates (your work record? Social Media postings that day? Photos taken elsewhere at the material time? A witness statement from a person willing to attend with you and say you were with them doing xyz...).

Also perhaps a copy of your car insurance, to show that your car can be driven by more than one driver, or evidence that your family have fully comprehensive insurance on their own vehicles which allows them to driver any car (yours, for example) but if you do that, produce evidence of more than one person who has that right, to create uncertainty, in case Smart simply call that poor singled-out relative into court on the assumption they must have been the driver because you've sworn you were not.

You will want to check their evidence carefully, I assume they are saying the car overstayed?

I am also still mulling over whether at this first hearing you should challenge jurisdiction as you are living in the South of England permanently by then. I tend to think you should, and bring with you evidence that you are starting a degree course, will be living at xx xxxxx xxxxx (address in the South of England) and bring proof that the cost of attending further hearings will be a plane fare of £xxx each time.

Hence why the case should be re-started in the English Courts near where you will be living - are you going to be in Sussex (my area)? Or where?

amanda198601

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amanda198601

Yes both claims hearings are at the same time on the same day. I replied to both in time.

The university is Anglian Ruskin, I won't be moving, it's a full time home study but I have to go on study blocks throughout the year (the hearing is a week into my first 2 week block in Cambridge) so I will still reside in Scotland.

Redx

edit the above to remove any hint of who was driving

in post #1 you said you told them you were NOT the driver

the advice (like you said in post #1) was never to tell them who was driving

one female in scotland admitted she was the driver , went to court and lost , costing herself tens of thousands of pounds , so went bankrupt I believe

its the numpties that admit to being the driver that fall on their own sword

amanda198601

Since getting the letters in the first instance I've been looking at forums etc, and have found the advise in general seems to be if you live in Scotland don't reply and never say who was driving.
It's only now, having dug a little deeper (and I presume times are changing) it feels like it's maybe not the best thing to do anymore, I read a post earlier on here that said

'in Scotland the sherriff 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. '

This particular post said to look at an alternative line of defence, like signage, but I can't do that now having already responded. I don't know what to do. It's so frustrating

Coupon-mad

Right, so you've read and believed a post by a relative new poster, which I've replied to now:

https://forums.moneysavingexpert.com/discussion/comment/73394515#Comment_73394515

I guess you are not aware of his previous posts on here over the past few months but let's just say the long-term regulars here, generally, do not agree with his posts. That particular poster has posted opinions that are at odds with the tried & tested forum advice, and in fact he came here with outright rants, that - rightly or wrongly - has caused plenty of the regulars to decide he might not be coming to this forum from quite the same stance as the rest of us.

And when a poster says about three times in a single post that they are in Scotland, one can be forgiven for wondering why they've gone to such lengths, and whether they are in Scotland at all. And I'm not talking about you.

No-one knows who anyone is here, so it's up to you to decide whose advice you prefer.

Please re-read the advice I gave you already.

Told you how to show you were not driving, and I said I hope you told the truth. If so, it remains a STRONG defence position, especially if you can tip the balance of probabilities in your favour with evidence. I listed what that might include. Also, you may even find your phone records your location on a particular day, if you have a SmartPhone.

amanda198601

with the dates being up to 2 years ago, i’m struggling to figure out what i was doing and who who is have been working with. in terms of evidence all i would have is family and friends with comprehensive cover...i really don’t want to involve anyone else in a court hearing. i think in this case with the balance of probabilities i’ll not fare too well.
maybe that’s why smart left it so long so i wouldn’t have anything.