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Court Letter Received for Smart Parking - Scotland

Lionel100
Lionel100 Posts: 1 Newbie
edited 5 February 2018 at 7:28PM in Parking tickets, fines & parking
Hello
recently received a simple procedure claim from the court. live in Scotland, and need advice on what to do here, I have read through the newbies thread but I!!!8217;m not sure will actually have much defence for this one tbh so please let me know.Basically between 2015 and 2016 the car was parked at one of these private car parks, they state this was on 20 different occasions and each time the driver did not purchase a ticket. ignored every letter ever received from them and yes, have also binned them which don!!!8217;t think is ideal either. Court letter now received stating they are seeking money through small claims court. Should the keeper even try to defend this and go to court? Or is there no leg to stand on here and just accept this?

Comments

  • KeithP
    KeithP Posts: 37,567 Forumite
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    The first thing to do is edit your post to remove any clues to the driver's identity.

    Your sentence starting 'Basically...' should perhaps look like:
    Basically between 2015 and 2016 the car was parked at one of these private car parks, they state this was on 20 different occasions and each time the driver did not purchase a ticket.

    You are the keeper of the car and there is no place for the word 'I' when describing events on the day.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 5 February 2018 at 7:04PM
    POFA2012 does not apply in Scotland , so only the driver is deemed "liable" , not the keeper (so the keeper defends on these and other issues, like poor and inadequate signage , no landowner contract etc)

    The PPC have to prove who was driving to make it stick , or at least to convince the "judge" (sheriff ?) as to who was driving on the balance of probability (more sure than not)

    we get less court claims for Scotland, which is why the advice is so sparse , whereas in england and wales there are thousands of court claims so the queries are easier to answer due to the fact its all been done before

    there have been successful claims against drivers in scotland , where the driver is know, like the one which cost a person dear and I believe that he or she went bankrupt as a result

    watch the player catchup for last friday in the house of commons where the MP for Perth gave not so SMART a right going over)

    you need to edit your thread title and add the word Scotland into it , because it is different than the usual ones we see on here

    also, what happened on the days in question happened to THE DRIVER

    the postal notices and court claim all came to the KEEPER

    only use those 2 words when describing events

    the words "ME , MYSELF & I" do not exist :)
  • System
    System Posts: 178,092 Community Admin
    Photogenic Name Dropper First Post
    state this was on 20 different occasions and each time the driver did not purchase a ticket

    Seems 20 different drivers didn't see the signs.

    Suggest one of the 20 talks to a solicitor.
  • Fruitcake
    Fruitcake Posts: 58,223 Forumite
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    This is what Scottish MP Peter Wishart said about Smart Parking last Friday during parliament.

    That car park is operated by the John Wayne of all the cowboys, the appalling and loathed Smart Parking, a company that blights communities throughout Scotland,

    I suggest you contact him as well as your own MP (if different) and ask for help.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    edited 5 February 2018 at 8:31PM
    Fruitcake wrote: »
    This is what Scottish MP Peter Wishart said about Smart Parking last Friday during parliament.

    That car park is operated by the John Wayne of all the cowboys, the appalling and loathed Smart Parking, a company that blights communities throughout Scotland,

    I suggest you contact him as well as your own MP (if different) and ask for help.

    TOTALLY agree ....... Smart parking has only one entity
    to blame for their forthcoming demise in Scotland ......
    AND THAT IS SMART PARKING :rotfl:

    Given that Smart are already known for their Scottish scam,
    who is a sheriff going to believe ... a scammer or you
    and Scottish MP Peter Wishart ???

    It should be noted that way down south, in sussex to be
    precise, the BPA love Smart as long as they pay their fees,
    who cares if they are scammers

    The BPA is such a huge joke and they don't even know it:rotfl:

    The BPA should be reminded that if they do not control their scammers
    they could lose their ATA status and then the Gobi desert will be the
    only place for them
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    Why 20 tickets ignored?

    Thin ice.
    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
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
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    Why no payment of the P&D fee, twenty times? People who do that cause PPCs to exist.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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