Smart Parting- No initial letter and escalation

ruddin1

'Whilst I acknowledge that I overstayed at your parking area' is what I said to them even though I wasn't driving. I meant it in the context that the car was there longer than it should be. In terms of how it looks, would this invalidate my claim of not being the driver if I tried to use pofa defense and is there a way around this without getting the actual driver involved? This is in prep for if going to court. I just want to weigh up everything before deciding. Deadline before they say they would recommend smart take it court ia in a week's time.

Le_Kirk

They might (probably will) take it that "I" means you were the driver but you could have been referring to the car and you might have been a passenger in the car.

Umkomaas

ruddin1 said:

'Whilst I acknowledge that I overstayed at your parking area' is what I said to them even though I wasn't driving. I meant it in the context that the car was there longer than it should be. In terms of how it looks, would this invalidate my claim of not being the driver if I tried to use pofa defense and is there a way around this without getting the actual driver involved? This is in prep for if going to court. I just want to weigh up everything before deciding. Deadline before they say they would recommend smart take it court ia in a week's time.

I'd cross that bridge if you ever have to write a defence (please note the correct spelling). The chances of you having to do so are pretty remote. If Smart Parking start a serious chase-up of outstanding parking charges via the courts, it will be the bigger fish they fry first - those with numerous tickets running into the £thousands. 

But you've done yourself no favours by using the word 'I'. Funny how one simple, single letter of the alphabet can cost a motorist up to a couple of hundred quid!  Whichever way you try to dress it, you'll need to explain it to a Judge .... if the opportunity ever presents itself. 

Coupon-mad

That's a terrible appeal to make, also admitting an overstay, but the main thing was saying ''I''. 

Now you will have to unpick that mistake.  This is so frustrating when you know Smart can't hold a keeper liable.  Happens so often...

ruddin1

I know.  This was before I found this forum and found out a lot more about this kind of stuff. Any advice on how to unpick it?

nosferatu1001

Given you have no action until they try court, not at this moment, no. You have to deal with things as they happen. 

Coupon-mad

Except that it will look far better - if you were truthfully NOT the driver - to point that out now, and again, and again, before they try court action, and tell them to erase your data because you were not driving and they don't use the POFA so have exhausted the very limited reason the data was provided by the DVLA. Which was to 'invite the keeper to name the driver'.

I wrote a reply for someone yesterday suggesting they threaten a £900 counterclaim in a case where they were not the driver and yet were being threatened with court over a non-POFA NTK.

Robo-claim solicitors are not good at defending counterclaims IMHO! 

So if push comes to shove an they issue a claim, it will be well worth a £60 punt at a counterclaim if you lay the ground rules now and inform them that you were not driving (ONLY IF TRUE).

ruddin1

Thanks for the advice

ruddin1

I recieved a letter from zenith collections. Having looked into them they're part of drp. They're asking for less than drp letters although no it mentions its a reduction. Judging by what the forum has to say they're not worth responding to? It's a shame. It's been over a month since I last got a letter from drp. Was hoping my firm response scared them away. I assume the letter isn't an escalation but just another hustle to get people to pay?

Coupon-mad

I recieved a letter from zenith collections. Having looked into them they're part of drp.

Yes, as the NEWBIES thread post #4 tells everyone, with pics of the tedious letters. This is a standard letter chain, nothing special.