Simple procedure Court Action Private Parking firm

waamo

Lozzypop10 wrote: »

I am under no legal obligation to identify the driver?

Thanks for everyone's help, my skills lie elsewhere clearly!

Again read the post I linked to. The person won in a Scottish court because they refused to name a driver. The sheriff remarked they were under no obligation to do so.

I feel like we are all having to repeat ourselves here.

Lozzypop10

So the SAR is off recorded delivery to Smart parking, and I've done one to DVLA too. Just a waiting game now I guess

waamo

Lozzypop10 wrote: »

So the SAR is off recorded delivery to Smart parking, and I've done one to DVLA too. Just a waiting game now I guess

For future reference don't use signed for delivery. Parking companies often refuse to accept the post in case it's something problematic for them.

If they don't sign for it they can legitimately claim they didn't get it.

Coupon-mad

Wow, you posted it why?

You should have emailed the SAR as the NEWBIES thread tells you. No-one posts snail mail to PPC scammers. Not least due to them not being worthy of the price of a stamp, but also for the reason waamo explained.

Lozzypop10

I did it so I had a paper trail, however it has been sent back to me. I can hand deliver it though.

So a quick update - there has been a date set for case management hearing. The claimant has been ordered to specify the dates on which the parking charges allegedly incurred, produce evidence identifying the respondent as the driver and produce any evidence relating to additional charges not displayed in their signage.

I'm really nervous. Any pointers?

beamerguy

Lozzypop10 wrote: »

I did it so I had a paper trail, however it has been sent back to me. I can hand deliver it though.

So a quick update - there has been a date set for case management hearing. The claimant has been ordered to specify the dates on which the parking charges allegedly incurred, produce evidence identifying the respondent as the driver and produce any evidence relating to additional charges not displayed in their signage.

I'm really nervous. Any pointers?

I would be really happy with that.

produce evidence identifying the respondent as the driver
SMART will not be able to produce this

any evidence relating to additional charges not displayed in their signage.
SMART will not be able to do that

A clever move by the court which is 100% in your favour

Lozzypop10

So at the bottom of the letter it states that the court encourages that we settle the case or narrow the disputes before case management. What should I do?

beamerguy

Lozzypop10 wrote: »

So at the bottom of the letter it states that the court encourages that we settle the case or narrow the disputes before case management. What should I do?

There is nothing you can do, the ball is in the court of SMART to provide answers requested by the court.

If they cannot provide the answers, their next option is to discontinue

Lozzypop10

So stick it out? Wow. I'll hold fire. This is intense as it gets ��

beamerguy

Lozzypop10 wrote: »

So stick it out? Wow. I'll hold fire. This is intense as it gets ��

Well look, there are members on here who are versed with scottish law and hopefully they will give you their advice.

The way I see it, is that the court has asked Smart questions they cannot answer .... who knows, maybe Pete Wishart with his contacts is part of this, we all know the hate Pete has for Smart

This is not intense for you, more so for Smart, just enjoy the ride