Smart Parking hit with CCJ (over £3,300) after 5-year wrongful pursuit – my experience

the_worm_that_turned

Car1980 said:

Back in 2020 I received a Parking Charge Notice from Smart Parking. I was not the driver, and I told them this immediately. 

Presumably you told them who the driver was?

Why would you presume that? And why would I do that? 

The matter, which ultimately resulted in them owing me £3100 (£2350 for administrative costs and time spent responding in accordance with a fee schedule + £750 damages from stress and anxiety from data sharing and harassment) was strictly between me and Smart Parking.

Who was, or was not the driver is for them to prove. And prove, they did not. It was not me though, as I told them from the very beginning.

the_worm_that_turned

ChirpyChicken said:

having asked off forum, that claim has been properly served so see what they do in the next few weeks and if they dont pay instruct the relevant company, it wont cost you much to instruct and its added on in any case

Who did you ask? I am aware it was properly served, but I would like to know how you verified it too. Feel free to DM if that exists on here.

As for enforcement, I am just a LIP so am not too familiar with this, however I am hopeful that they will do the right thing and pay me forthwith, as ordered by the Court. 

ChirpyChicken

the_worm_that_turned said:

ChirpyChicken said:

having asked off forum, that claim has been properly served so see what they do in the next few weeks and if they dont pay instruct the relevant company, it wont cost you much to instruct and its added on in any case

Who did you ask? I am aware it was properly served, but I would like to know how you verified it too. Feel free to DM if that exists on here.

As for enforcement, I am just a LIP so am not too familiar with this, however I am hopeful that they will do the right thing and pay me forthwith, as ordered by the Court. 

It was just a question with SP being out of jurisdiction but its covered within CPR so not relevant, i was playing devils advocate with someone in the legal profession

Ok So if they dont pay within 28 days of the judgment and they haven't applied to set it aside then just use this link here 
https://hcegroup.co.uk/services/money-judgments/judgment-enforcement
That is how you do enforcement and this firm wont charge you a penny, they make their money out of the fees charged to the debtor

the_worm_that_turned

ChirpyChicken said:

the_worm_that_turned said:

ChirpyChicken said:

having asked off forum, that claim has been properly served so see what they do in the next few weeks and if they dont pay instruct the relevant company, it wont cost you much to instruct and its added on in any case

Who did you ask? I am aware it was properly served, but I would like to know how you verified it too. Feel free to DM if that exists on here.

As for enforcement, I am just a LIP so am not too familiar with this, however I am hopeful that they will do the right thing and pay me forthwith, as ordered by the Court. 

It was just a question with SP being out of jurisdiction but its covered within CPR so not relevant, i was playing devils advocate with someone in the legal profession

Ok So if they dont pay within 28 days of the judgment and they haven't applied to set it aside then just use this link here 
https://hcegroup.co.uk/services/money-judgments/judgment-enforcement
That is how you enforcement and this firm wont charge you a penny, they make their money out of the fees charged to the debtor

Thank you! I appreciate that.

Car1980

the_worm_that_turned said:

Car1980 said:

Back in 2020 I received a Parking Charge Notice from Smart Parking. I was not the driver, and I told them this immediately. 

Presumably you told them who the driver was?

Why would you presume that? And why would I do that? 

The matter, which ultimately resulted in them owing me £3100 (£2350 for administrative costs and time spent responding in accordance with a fee schedule + £750 damages from stress and anxiety from data sharing and harassment) was strictly between me and Smart Parking.

Who was, or was not the driver is for them to prove. And prove, they did not. It was not me though, as I told them from the very beginning.

Because if the PCN was issued correctly under the Protection of Freedoms Act, the Registered Keeper is legally liable whether or not they were the driver. 

Anybody can sue anybody else for any amount and gain a default judgment if it's ignored.

I don't mean to burst your bubble, but I don't see why "I was not the driver" would succeed if it went to a hearing, which is might well do if they apply to set it aside. The court letter might have simply not arrived.

ChirpyChicken

Car1980 said:

the_worm_that_turned said:

Car1980 said:

Back in 2020 I received a Parking Charge Notice from Smart Parking. I was not the driver, and I told them this immediately. 

Presumably you told them who the driver was?

Why would you presume that? And why would I do that? 

The matter, which ultimately resulted in them owing me £3100 (£2350 for administrative costs and time spent responding in accordance with a fee schedule + £750 damages from stress and anxiety from data sharing and harassment) was strictly between me and Smart Parking.

Who was, or was not the driver is for them to prove. And prove, they did not. It was not me though, as I told them from the very beginning.

Because if the PCN was issued correctly under the Protection of Freedoms Act, the Registered Keeper is legally liable whether or not they were the driver. 

Anybody can sue anybody else for any amount and gain a default judgment if it's ignored.

I don't mean to burst your bubble, but I don't see why "I was not the driver" would succeed if it went to a hearing, which is might well do if they apply to set it aside. The court letter might have simply not arrived.

No it would have been Non Pofa

Car1980

Phew!

Would have been useful if our OP had actually stated so. Pretty obvious why I presumed.

Coupon-mad

Smart was always non-POFA until this Spring.

the_worm_that_turned

Car1980 said:

the_worm_that_turned said:

Car1980 said:

Back in 2020 I received a Parking Charge Notice from Smart Parking. I was not the driver, and I told them this immediately. 

Presumably you told them who the driver was?

Why would you presume that? And why would I do that? 

The matter, which ultimately resulted in them owing me £3100 (£2350 for administrative costs and time spent responding in accordance with a fee schedule + £750 damages from stress and anxiety from data sharing and harassment) was strictly between me and Smart Parking.

Who was, or was not the driver is for them to prove. And prove, they did not. It was not me though, as I told them from the very beginning.

Because if the PCN was issued correctly under the Protection of Freedoms Act, the Registered Keeper is legally liable whether or not they were the driver. 

Anybody can sue anybody else for any amount and gain a default judgment if it's ignored.

I don't mean to burst your bubble, but I don't see why "I was not the driver" would succeed if it went to a hearing, which is might well do if they apply to set it aside. The court letter might have simply not arrived.

I didn't mean to sound flippant.

I wasn't the driver. I have never received a POFA compliant NtK from Smart Parking.

However, I didn't want any of that to distract from the FACT that an alleged £170 parking contravention resulted in Smart Parking being ordered to pay me over £3300 via a CCJ for a claim I brought against them for fees owing to me under a Fee Schedule (£2350) and damages for unlawful data processing and harassment (£750). 

Car1980

Don't get me wrong, I'm on your side! Good work.