Northern Ireland - S Parking multiple Fines

fisherjim

ulsterrugby01 said:

Le_Kirk said:

ulsterrugby01 said:

It was just laziness when I had been told and read they can’t pursue you in NI. 

They cannot pursue the keeper but, if they find out the driver's name, look out!

I was thinking that, but how could they find that out? 

They can't "don't tell um Pike"!

Umkomaas

Some PPCs in E/W try a court claim based on the stated assumption that the registered keeper was also the driver. If they do that to you, you might have a Judge asking you the tricky question whether you were or not.  Would you be prepared to lie in court?  Not a likely scenario with Smart Parking, but with multiple tickets, you need to be aware of what's happening elsewhere.  Just a friendly heads-up!

patient_dream

fisherjim said:

ulsterrugby01 said:

Le_Kirk said:

ulsterrugby01 said:

It was just laziness when I had been told and read they can’t pursue you in NI. 

They cannot pursue the keeper but, if they find out the driver's name, look out!

I was thinking that, but how could they find that out? 

They can't "don't tell um Pike"!

HAHA ...... the fools taking on NI with the famous SMART ......  
Make sure you comtact your consumer council and be certain to tell them that BWLegal are ading a fake scam amount.
The consumer council will not like the scam

The consumer coucil already know about the rubbish from Smart Parking

Coupon-mad

They could file a claim in NI (that is, if BW actually do use 'Irish Agents') and they could even try applying for a Norwich Pharmacal Order to ask the court to compel you to disclose the name and address of the driver.

I understand from this case (found when I googled it) that Norwich Pharmacal Orders appear to be enshrined within NI law:

https://www.judiciaryni.uk/files/judiciaryni/decisions/Cunningham%2C%20Ciaran%20and%20The%20Chief%20Constable%20of%20Northern%20Ireland.pdf

Or (if a Claim is filed) the legal rep could simply ask you as part of cross examination during the hearing. You CANNOT lie in court so you'd have to answer truthfully.

We've never seen a claim in NI by Smart Parking but with c50 PCNs, your case reminds us of Carly Mackie in Scotland. Google it...a cautionary tale of why not to collect private PCNs thinking you can't be touched.

I doubt it is any more than scaremongering, but with that many PCNs in play, if they were going to choose a NI case to pursue 'pour encourager les autres' it would be one like yours (just like the Scottish Carly Mackie case).

Sorry but that's the position. The money at stake makes it well worth them considering a court claim. Time will tell.

I hope for your sake this is just hot air.

It may never happen but tell the vehicle's drivers (whoever they are) to stop parking selfishly.

Whatever it is they are doing isn't OK.

Finally:

The fact they've emailed you makes me concerned that BW may have sent letters to an old address and would pass that old address to their agents, if they decide to have a punt. Have you moved house within the past 6 years whilst getting these PCNs?

If yes, you CANNOT risk BW holding a choice of addresses. Claims going to old addresses cause default CCJs then NI HCEOs (bailiffs). You must respond if so, confirming the correct address and telling them and their client to erase the old address. You could also ask on what basis their client believes you are liable.

ulsterrugby01

@Coupon-mad I’ve always been told to throw the letters out which isn’t a great start.

Do you think I can ask smart parking directly for my PCNs or is that asking for trouble.

ChirpyChicken

You don't need to ask them
What do you think that will achieve 

ulsterrugby01

Just to know how many I have, although I assume you can’t pay smart parking anymore and that’s not just with those companies chasing now 

ChirpyChicken

No why would you pay.

Coupon-mad

ulsterrugby01 said:

@Coupon-mad I’ve always been told to throw the letters out which isn’t a great start.

Do you think I can ask smart parking directly for my PCNs or is that asking for trouble.

If that was an option, that would have been in my reply.

If paying a ludicrous £170 per PCN (or offering money to Smart) was a valid option, that would have been in my reply too

 It's extortionate so I'd never say that.

No.

So are you saying you've always lived where you live now and there's no old address in play?

If that's correct, sit tight and show us the next letter.

ulsterrugby01

It’s my only address