Simple procedure Court Action Private Parking firm

Lozzypop10

Another update. Smart parking have dropped one of the parking tickets. In their latest letter, they still haven't provided the court with what they asked for. OK. They were also ordered to provide evidence that I was the driver on the relevant date. They haven't done that. Instead they reference other tickets they claim were issued but not sued for some unknown reason. Given that they discontinued one, it calls into question how many of the other tickets were also incorrectly issued and further why, if there were several other valid tickets, they weren't included in this claim as a bundle to save costs? The copy of the sign they sent references the 2018 new GDPR Data Protection Act and says the site is private land and managed by ANPR. It's none of these. The actual signage at the hospital said it was NHS land, it was warden managed and looks like its from somewhere else and more recently, so they have no prooof that there was an agreement to pay additional charges. On with the good fight!

waamo

See this is a game of chicken and they just lost the first round. Have they complied with the court order by the set date? If not I would be tempted to write to the court and point this out.

beamerguy

As Waamo says above.

As said before, the court already knows that they cannot prove who the driver is ..... contact the court for an update, jog their memory

nosferatu1001

If they have not complied with the Order, I would write to the court and potin this out, asking the court to order the claim to be struck out. Copy in Smart.

Lozzypop10

Yes, that is my next move, however I have to time it right that the court gets it in a timely fashion but it's too late for smart to respond before the court date

Redx

Lozzypop10 wrote: »

Yes, that is my next move, however I have to time it right that the court gets it in a timely fashion but it's too late for smart to respond before the court date

Most definitely, this is a game of 2 halves and up to now you and the court have played a blinder 😀

Lozzypop10

So some bad news today. Smart parking have amended their original simple procedure to include 5 parking tickets, taking the total to 550! That includes 5 parking charges of 70 each, plus 5 administration charges of 40!

Redx

They (SMART) still have to get it past a Scottish court

Meaning they have to prove their case , be it for £50 , or for £550 , or for £5000

The stakes are higher but nothing has changed

waamo

Lozzypop10 wrote: »

So some bad news today. Smart parking have amended their original simple procedure to include 5 parking tickets, taking the total to 550! That includes 5 parking charges of 70 each, plus 5 administration charges of 40!

In England those administration charges would amount to an abuse of process. I would imagine Scotland is very similar.

Thanks a look at this https://forums.moneysavingexpert.com/discussion/6014081abuse+of+process

beamerguy

waamo wrote: »

In England those administration charges would amount to an abuse of process. I would imagine Scotland is very similar.

Thanks a look at this https://forums.moneysavingexpert.com/discussion/6014081abuse+of+process

I agree Waamo, and SMART would need to prove the extra £40 per ticket.

As we have seen on another thread, BWLegal appear to be refusing such information despite 5 emails sent.

The OP should do the same to Smart by email. Wonder how they will explain it ???