Smart Parking Scotland “Simple Procedure Notice Of Claim”

Landers68

hi
received a “simple procedure notice of claim” from local court today from Smart Parking 
what should I do?
can they enforce this? 
I have not responded at all and have not declared who the driver was

thanks

Umkomaas

We have only seen the very occasional such case north of the border and there is little to no expertise on this forum. We can advise on the technicalities of the Protection of Freedoms Act 2012 (Schedule 4) and its non-applicability to Scotland, meaning that only the driver can be pursued. 

How much is the claim for and how many tickets are involved?

Redx

We have little or no experience of the sheriff's court system in Scotland , with few cases on here , very few , but feel free to find them and read them

It is certainly possible to enforce these claims against a driver in any part of the UK , including Scotland

Google the Carly Mackie case for example

I suggest you check the Scottish government website for advice on simple claims procedures cases , or your C A B or law centres

Also email a SAR to smart parking to obtain all your data attaching a copy of the V5C as proof of I D under the GDPR law , or copies of 2 recent redacted utility bills instead , ASAP

People in Scotland will need to start stepping up and helping fellow Scottish citizens because this will escalate faster than covid19 over the next few years , similar to how it did down here over the last 5 years

Fruitcake

Court claims in Scotland from parking scammers are very rare, so the regulars here have very little experience of this.

Have you received a claim, or notice of an impending claim? In England and Wales the latter would be a Letter before Claim or Letter of Claim.
If this is a claim, is it from a Scottish (Sheriffs) court?  

Does the keeper live in Scotland?
Was/is the vehicle registered in Scotland.
Does more than one person have access to the car; for example, is there more than one named driver on the insurance policy, do friends or other family members have access to it on their insurance?

When and where did the alleged event happen?
What happened when the keeper complained to the landowner?
Have you complained to your MP yet? 

You should take photos of the site and signage as soon as possible.

Make sure the scammers follow the Scottish court procedure rules as per the Act of Sederunt (Simple Procedure) Act 2016.

https://www.legislation.gov.uk/ssi/2016/200/made

D_P_Dance

Read what Pete Wishart MP said recently in the House of commons about Smart Parking.

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices.

Landers68

The claim is for 28 “offences” over an 18 month period the claim is for £3920

Fruitcake

Landers68 said:

The claim is for 28 “offences” over an 18 month period the claim is for £3920

With that amount, no wonder the scammers are giving it a go north of the border.
Please answer all the questions asked. Whilst some may seem obvious, we have seen so many cases where advice has been given only to find we have been missing a vital piece of information.

Landers68

The keeper does live in Scotland
the car is registered in Scotland
there are 3 people on the insurance policy

Umkomaas

In addition to getting some basic parking-related advice here, I think I'd be searching for forums that specialise in the Scottish legal system. This seems to have gone well beyond a simple parking issue.  You may even want to consult a lawyer. 

Landers68

this is what has been received
also many other pages which I can post if required

Redx

I agree with the earlier suggestion , consult a Scottish lawyer , because this is a Carly Mackie part 2  , if one driver only was involved , they are an idiot !! ( 28 incidents in 18 months !! )

MSE forums is for consumer rights , not a legal aid forum