Author Topic: Notice of small claims track  (Read 1296 times)

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Notice of small claims track
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About 5 years ago my partner parked in a car park ran by smart parking..she paid for parking and a few months later se got a pcn claiming she hadnt paid when she punched the reg number in it only accepted 4 digits on the ticket ,,she rang them and they threatened that if she didnt pay ,the bailiffs would come,,never heard any thing else 5 years later they sent another letter stating she needs to pay £360 or go to court shess not paying that so the court papers defence was that they they tried to scare her and  that she did pay for the parking she still has the ticket after 5 years now shes recieved a notice of proposol £360 is an outrage please can any one help or advise what to do

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Re: Notice of small claims track
« Reply #1 on: »
We will need to see what exactly has been received (Guide: Posting Images)

As a starting point:
  • The original PCN (if still held)
  • Any correspondence sent by your partner to Smart, or their legal firm, prior to the court claim being issued
  • The Claim Form from the court
  • A copy of exactly what she has submitted as her defence

When you say she still has the ticket - do you mean the Pay & Display ticket from the time of the parking incident?

Re: Notice of small claims track
« Reply #2 on: »
Please read and follow https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

We need some facts to go on to be able to help you.
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Re: Notice of small claims track
« Reply #3 on: »
Hi sorry i will get it all together yes she still has the parking ticket from the day 5 yeara ago lol

Re: Notice of small claims track
« Reply #4 on: »
Hi ive mnaged to get stuff together not sure how to inbed the images so links wil be at the end basically the defense was that a ticket was bought at  the time one letter states insuficient time paid..when she spoke to someone they just threatened with bailifs if not paid so itcwas ignored then didnt hearxadain for 5 years

https://ibb.co/3yXhNkJr
https://ibb.co/QvJ0fV1y
https://ibb.co/KxCdxs0k
https://ibb.co/XZHY46Wd
https://ibb.co/JjWmhRKQ
https://ibb.co/q3dtRPqJ

Hope this is correct way of posting and many thanks for any input or help

Re: Notice of small claims track
« Reply #5 on: »
!st never telephone any of these people, everything in writing.

Can you post up a copy of the back of the PPN?

With it been 5 years ago Smart`s PPN`s never could hold the keeper liable.
They did not conform to the PoFA.

Hopefully, in any appeal the driver was not ID.

Re: Notice of small claims track
« Reply #6 on: »
Does that receipt have the full vehicle registration on it, or was there a keying error and only part of the VRM was recorded? It appears that it only contains the first part of the VRM: "AV09".
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Notice of small claims track
« Reply #7 on: »
Just part of number no idea why just part

Re: Notice of small claims track
« Reply #8 on: »
Rear of parking notice
https://ibb.co/8gSDJqxR


Re: Notice of small claims track
« Reply #9 on: »
Obviously, only part of the VRM was entered or registered. As they could not match that up with the ANPR image, then they simply default to "not paid". However, if you can say that the receipt is what ws portioned, then it would be up to (not so) Smart to prove their equipment was functioning properly.

As their Notice to Keeper (NtK) is not PoFA compliant, they cannot pursue the registered keeper unless the Keeper blabbed that they were also the driver.

Has the driver been identified in any correspondence such as an appeal? Typically, simply admitting "I was the driver" rather than referring to the driver in the third person is how you shoot yourself in the foot and ruin a perfectly good "Golden Ticket".

I am going to assume that the claim has been issued by DCB Legal. What exactly did you put in as the defence? You have not shown us the Particulars of Claim (PoC).
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Notice of small claims track
« Reply #10 on: »
I think she did say she was the driver she sent all the letters back to court her defence was basically she paid for sufficiant time and they are claiming she didnt but she did and thats her ticket surely a judge would see that she paid ?

Re: Notice of small claims track
« Reply #11 on: »
This is never going to get in front of a judge at a hearing. What will happen, is that if a judge does not strike the claim out when this is allocated to your local county court, DCB Legal will discontinue just before they have to pay the £27 trial fee.

What they are hoping is that the defendant is low-hanging fruit on the gullible tree who can be intimidated into paying up out of ignorance and fear. You will eventually start receiving phone calls or letters from DCB Legal offering to settle the claim. If you ignore them, they will discontinue.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain