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  • FIRST POST
    • Lionel100
    • By Lionel100 5th Feb 18, 5:40 PM
    • 1Posts
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    Lionel100
    Court Letter Received for Smart Parking - Scotland
    • #1
    • 5th Feb 18, 5:40 PM
    Court Letter Received for Smart Parking - Scotland 5th Feb 18 at 5:40 PM
    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?
    Last edited by Lionel100; 05-02-2018 at 6:28 PM.
Page 1
    • KeithP
    • By KeithP 5th Feb 18, 5:47 PM
    • 6,542 Posts
    • 5,692 Thanks
    KeithP
    • #2
    • 5th Feb 18, 5:47 PM
    • #2
    • 5th Feb 18, 5:47 PM
    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
    • By Redx 5th Feb 18, 5:55 PM
    • 17,724 Posts
    • 22,337 Thanks
    Redx
    • #3
    • 5th Feb 18, 5:55 PM
    • #3
    • 5th Feb 18, 5:55 PM
    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
    Last edited by Redx; 05-02-2018 at 6:04 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • IamEmanresu
    • By IamEmanresu 5th Feb 18, 6:23 PM
    • 2,235 Posts
    • 3,957 Thanks
    IamEmanresu
    • #4
    • 5th Feb 18, 6:23 PM
    • #4
    • 5th Feb 18, 6:23 PM
    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.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • Fruitcake
    • By Fruitcake 5th Feb 18, 6:43 PM
    • 36,541 Posts
    • 82,775 Thanks
    Fruitcake
    • #5
    • 5th Feb 18, 6:43 PM
    • #5
    • 5th Feb 18, 6:43 PM
    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.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • beamerguy
    • By beamerguy 5th Feb 18, 7:08 PM
    • 7,151 Posts
    • 9,456 Thanks
    beamerguy
    • #6
    • 5th Feb 18, 7:08 PM
    • #6
    • 5th Feb 18, 7:08 PM
    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.
    Originally posted by Fruitcake
    TOTALLY agree ....... Smart parking has only one entity
    to blame for their forthcoming demise in Scotland ......
    AND THAT IS SMART PARKING

    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

    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
    Last edited by beamerguy; 05-02-2018 at 7:31 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 5th Feb 18, 7:10 PM
    • 17,232 Posts
    • 27,130 Thanks
    Umkomaas
    • #7
    • 5th Feb 18, 7:10 PM
    • #7
    • 5th Feb 18, 7:10 PM
    Why 20 tickets ignored?

    Thin ice.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 10:00 PM
    • 56,024 Posts
    • 69,697 Thanks
    Coupon-mad
    • #8
    • 5th Feb 18, 10:00 PM
    • #8
    • 5th Feb 18, 10:00 PM
    Why no payment of the P&D fee, twenty times? People who do that cause PPCs to exist.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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