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Simple procedure Court Action Private Parking firm

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  • Tomorrow is the court date guys. I'm just getting my documents organised. My defence is along the lines of they lied in a letter stating that 'the registered keeper of the vehicle has advised us that you were the driver of the vehicle.' No contact has been made with this company and I was assuming this was a scam as per the action fraud information produced for bogus letters being sent to people from scam artists. Also, smart have submitted parking signs at the site but they were not installed until may 2019 proven by recent legislation included in the sign that had only just been finalised and therefore was not in place at the time of the alleged offence.

    Anything I'm missing?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Lozzypop10 wrote: »
    Tomorrow is the court date guys. I'm just getting my documents organised. My defence is along the lines of they lied in a letter stating that 'the registered keeper of the vehicle has advised us that you were the driver of the vehicle.' No contact has been made with this company and I was assuming this was a scam as per the action fraud information produced for bogus letters being sent to people from scam artists. Also, smart have submitted parking signs at the site but they were not installed until may 2019 proven by recent legislation included in the sign that had only just been finalised and therefore was not in place at the time of the alleged offence.

    Anything I'm missing?

    Yes a significant one. Prove who the driver was. They can't assume it's the registered keeper
  • Lozzypop10 wrote: »
    It's Smart Parking :(
    Or, as they're known on this forum, "Not So Smart" Parking ;)
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    The very best of luck to you!
  • There were 3 cases up today. The first case against them got paused. She was being sued for 6 tickets, and agreed to pay them just 50 quid and they accepted. It was a lady judge. Mellicks solicitor was so unorganized and couldn't give the documents the sheriff asked for. She pointed out that the evidence shown does not identify me as the driver so it is dismissed for now. Sheriff told me that it is probably not the end of it and to keep my eye on the post. Felt like she was very much on my side. Win so far, thanks to Mellicks incompetence!
  • Coupon-mad
    Coupon-mad Posts: 151,844 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jolly good. It's different in Scotland from what we usually see, so we are interested to see if a 'dismissed' claim can actually be resurrected by Mellicks somehow!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,367 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Win so far, thanks to Mellicks incompetence!
    Parking firms appear to employ only the very best incompetents! So here's another name to add to the growing list!

    Well done on your win. Personally, I wouldn't expect Smart to have another stab at this, but heed the Sheriff's advice on checking your post!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Lozzypop10 wrote: »
    There were 3 cases up today. The first case against them got paused. She was being sued for 6 tickets, and agreed to pay them just 50 quid and they accepted. It was a lady judge. Mellicks solicitor was so unorganized and couldn't give the documents the sheriff asked for. She pointed out that the evidence shown does not identify me as the driver so it is dismissed for now. Sheriff told me that it is probably not the end of it and to keep my eye on the post. Felt like she was very much on my side. Win so far, thanks to Mellicks incompetence!

    £50. That's less than one ticket and won't cover the legals fee by a long stretch.

    I bet they are overjoyed at that.
  • You would snap their hand off at £50....... only just covers 10 meals in weatherspoons and a pint!
  • Received a letter from the court to say that the case is dismissed with no expense to or by any party. That's the end! Thank you all so much for your advice and support, I am very grateful
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