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

Coupon-mad

i think in this case with the balance of probabilities i’ll not fare too well.

Why is that then? In that month in 2015, were you working or studying? Think. Look back at your social media presence then, and there may be even postings from those days that mention what you did! Come on, you can show that it was unlikely to have been you on these occasions, if you put your mind to thinking about evidence.

System

Smart have had a few claims in Scotland and England but they fall away when there is a defence.

You should ask the court about the issue of your not being available for the date due to studies in England and ask for the hearing to be postponed until such times as you are back in the country [Scotland that is]

There should be allowance made for people who cannot available for their "local" court so best to talk to them rather than challenge jurisdiction (since it is the correct jurisdiction*)

* Students are usually classed as living at "home" unless ... [insert various family law legislation]

amanda198601

Thanks for your help, that will make things much easier, hopefully the court will be able to put it back a week.
i’m going to check my emails in work this week and see if i can figure out my whereabouts. i don’t really use social media, but am hoping i’ll still have some old emails.

if i can’t find any evidence i’ll have to pay it and am debating whether to just pay before court or wait and hope the judge rules in my favour. would anyone know if i can get charged extra either way?
so if i called mellicks solicitors and say i just want to settle it could they then turnaround and say i need to pay additional fees for the court being involved etc?
or if i went to court and tried to fight it will i incur additional fees there?
sorry i know this is a bit off topic now, just trying to figure out my options.
thanks for all your help

Coupon-mad

if i can’t find any evidence i’ll have to pay it

No, DON'T do that, not least because they are demanding an extortionate sum, adding on any old 'costs'! And because you can't be held liable as registered keeper, no matter what Ryandavis1959 says (as a fact, has said already) to try to alarm posters like you. We disagree with him.

so if i called mellicks solicitors and say i just want to settle it could they then turnaround and say i need to pay additional fees for the court being involved etc?

Don't wuss out. And yes, they will ask for the earth - NO PHONE CALL TO THEM!

Jeez, you haven't even had a preliminary First Diet hearing yet! Give us/yourself a chance.

debating whether to just pay before court or wait and hope the judge rules in my favour. would anyone know if i can get charged extra either way?

IamEmanresu has already stated (with knowledge) this weekend, that in Scotland, PPCs are DROPPING OUT of well-defended cases from registered keepers.

Even if they don't drop out and if they actually proceed, a person is likely to pay LESS by defending in court and arguing that added costs are a penalty and unrecoverable, because the parking charge already includes all costs of running an almost entirely automated parking charge 'model' which costs about £15 per case, the rest is profit. Therefore there can be no excuse to say there are 'damages/loss' that can be added, pretending that the debt collection stage has cost them money when everyone knows these are no-win no-fee 'services' that cost a company nothing at all.

Please re-read my post #16 about what to do. Have you filled in the form about BOTH claims?

System

@amanda198601

How did this case end up. Did they drop or did you settle?

Quentin

The op hasn't logged in since last December.

Maybe a pm might alert him/her to your post here