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Smart Parking Scotland “Simple Procedure Notice Of Claim”

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  • Redx
    Redx Posts: 38,084 Forumite
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    Pm a board guide and ask them to do it for you

    Savvy , Soolin or Crabman
  • Le_Kirk
    Le_Kirk Posts: 24,619 Forumite
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    Landers68 said:
    How do I delete the pics?
    You will have to ask a board guide to take down your post.  Send a PM (use the envelope symbol top right of the page) and it works like e-mail, click on the box with a pencil in it - compose - and send it to Savvy, Soolin or Cabman.
  • Le_Kirk   Really sorry but can’t see an envelope symbol ???
  • Are you using a phone or tablet? This board works much better using a proper computer.

    The envelope is near the top-right of the screen ... Bell, Envelope, Ticket, Profile Picture ... can be seen from left to right.
  • Coupon-mad
    Coupon-mad Posts: 152,246 Forumite
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    Landers68 said:
    Le_Kirk   Really sorry but can’t see an envelope symbol ???
    Yes, you can if you look at the forum properly and not on a teeny weeny phone screen, which is NOT how to do this.
    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
  • Le_Kirk
    Le_Kirk Posts: 24,619 Forumite
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    This is what you should see on a proper screen: -

    It is the middle one of the three symbols top right.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    Redx said:
    Pm a board guide and ask them to do it for you

    Savvy , Soolin or Crabman
    For clarification, board guides are savvy, soolin, and Crabman. (Case sensitive)
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    edited 27 October 2020 at 7:57PM
    It is up to the scammers to prove they have identified the driver on each and every occasion, beyond whatever balance of proof is required in a Scottish court. In England and Wales this is the balance of probabilities, in other words over 50%. With three named drivers and (possibly) regular users, then the balance of probabilities that it was one individual is 1/3 thus failing the requirements for a court to find for the claimant.

    Problems would occur for the defendant if the location was say a place of work, and the scammers can prove the keeper was an employer at that location.
    Conversely, if the location was a place of work but the keeper worked elsewhere, or was/is retired, then that would help the defendant. 

    If the keeper was not the driver at all, then that should say so, and put the scammers to strict proof that the contrary is true. Proof of not being the driver should be provided if possible, even if it is a few examples. 
    If the keeper was not the driver on some occasions then put the scammers to strict proof as above, and provide proof they were not the driver on a few sample occasions. 

    Have you checked with the DVLA who and when accessed the keeper's personal data from just before the date of the first PCN until now in order to establish that the scammers applied for keeper details each and every time as opposed to recycling their existing data?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,399 Forumite
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    I think the OP needs to give much more information (short of naming the driver) about exactly what has happened here, including location, type of car park, why 28 tickets have been racked up - otherwise we're all shooting very much in the dark.
    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
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