fine, smart parking Options

[raysbobber57]

hi all,,,,my daughters ex parked her car in local private car park tk maxx in inverness,,,,,for 5 minutes once,,,,,,result fine for 803 pounds.......they smart parking say they took her to court,,,,but she never knew ????so gordon and noble dept collectors,,,,,say if 803 not paid in 14 days wages arrest,,,,,,,,,,,803 for 5 mins ???????? i tell them dont think this is law in scotland......but falls on deaf ears,,,,,,,my daughter is a single mum struggling as is,,,,,,on anti depressants,,,,,these people harrasin her bullying her dont help none.........smart parking,,,,,,,,,


This post has been edited by raysbobber57: Thu, 14 Jun 2018 - 21:53

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[ostell]

So she never received any paper work prior to the court case? In Scotland they cannot hold the keeper liable. You can apply to get the results overturned and start again but that's at a cost of £255, though worth it in this instance. How they got to £803 I don't know.

[raysbobber57]

smart parking pricipal sum 530pounds
intrest 12.89
court expenses 208.90
total 751.79
expenses sheriff officer52.02 total 803.81
for 5 minutes parking inverness,,,,,,,,,,,no she never received word about court they say it was a decree ?????

This post has been edited by raysbobber57: Thu, 14 Jun 2018 - 22:07

[SchoolRunMum]

Please don't post with more than one question mark, some people might not reply at all.

Was the court claim sent to the wrong address, had she moved and Smart were using the old address?

[nosferatu1001]

Indeed, you need to give us facts

And please, try to heed whats said about how you communicate.

[raysbobber57]

yes smart using old adress,,,,,,,,perth now they are in birmingham,,,,,,,,,,her boyfreind was driving they parked there once she never got out car,,,,,he picked up pitza,,,5 mins,,,,,,,,nearly two years ago now 803 pounds if not paid in 14 days wages arrest,,,they gordon and noble,,,,it went to court my daughter never had a chance to go to court? she new nothing about it....i phoned gordon and noble for a copy to be sent out,,,,,I beleive scottish law cant pursue registered keeper only driver and under scottish law my daughter has right to refuse to name driver,,,,,,,,if so how did the 803 demand come about,,, is there anything i can do,,,,,,i,e take out small claims against gordon and noble ?for harrasing her she is now so worried she,s on anti depressants,,,,,single mum,,she,s really struggling...........thanks

[nosferatu1001]

OK

Serioulsy

USE FULL SENTENCES, please. No ",,,,,". Structure is helpful, otherwise despite your obvious need, you WILL put the *volunteers* off from spending their time trying to help you and your daughter

You cannot sue a bailiff for enforcing a court order. Come on, thats an insane idea. Stop panicking here. Calm down and ive us facts in a way we can find them, not hidden in a rant

You need to look up on how to do a set aside under SCOTTISH law. I have NO idea if that is using the N244 used in the UK, pretty sure it isnt. Try doing some blingingly obvious google searches.

[raysbobber57]

thanks for reply i joined this forum looking for help ,advise from others ,,,cleverer than me,,,,,,,,,im just an ordinery person not clever,,and all this is new to me,,,,,,,,thought folks would give advise and help,,,,,,,,

[nosferatu1001]

Yes, and youhave been given advice and help

First bit is to help us to help you, by writing in full sentences with paragraphs.
Second bit is to give us what facts you have, so we can try to see a way through
Third is to ask you to do some research yourself, on getting a SET ASIDE (where a court *sets aside*, or removes, a judgement made by a court) under Scottish Law.

If you wish to moan at the regulars becayse were not giving you tea and sympathy, then you will quickly find yourself let alone, to rant by yourself.

[ostell]

So it is still not clear what is happening. Was the parking event in Scotland or in Birmingham, was the address of the registered keeper at that time in Scotland or Birmingham. Your abridged notes are not clear. The regulars on here help a lot of people and if it gets too much work because of the layout then they turn their attention to those who are helping people understand the situation. Message such as those, typed as though it was a SMS TXT message are really not helpful. There's no extra charge for typing in full,

If the event and registered keeper were in England at the time then it was out of the jurisdiction of the Scot's court.

[Jlc]

Something isn't right here - a single parking event would never incur a single charge of £530 unless there's something crazy going on.

The BPA limit the charge to £100 and debt collection to £70 (without special authorisation).

Either there's more than 1 charge or something else.

[raysbobber57]

thanks jlc,,,,,,,,,my daughter lives in inverness,,,,,her car was parked in tk maxx inverness.......letter was sent out from smart parking perth,,,,,,,,think this is a postal adress,,,,,,as the smart parking office now in birmingham........yes it is a hefty price 803 pounds but yes she was only parked once in the inverness tk maxx car park,,,,,,and thanks for your reply the rest have as you see been pretty awfull,,,,,,i came on for help from people who know lot nmore than me ? so far all i got was abuse ???not help,,,,,,,,,,,,,,so thanks for your reply,,,,,and yes its a lot 803 pounds for parking once,,,,,but they say rest is costs......many thanks............ray

[ostell]

You were asked not to write in that stilted text style, you have ignored that polite request, everybody is trying to get information from yo so that advice can be given.

You are also expected to help yourself so that is why you were asked to find out about a set aside, your only route at the moment, in a Scottish court

[nosferatu1001]

You have NOT received abuse. If you believe you have, hit report
you've been repeatedly asked to help US by writing full sentences, and not txt spk
You were also asked to find out about set asides, and from what I can tell, you've done absolutely nothing

I'm out.

[Jlc]

In Scottish courts you have to apply to recall the decree, see 13.5 to 13.7 Here.

Contact the court on Monday to start the process.

[raysbobber57]

thanks jlc will do

[Jlc]

As SRM asked above - was any paperwork received? Was a previous address used?

Being unaware of the court process will assist with the recall.

[Spudandros]

As SRM asked above - was any paperwork received? Was a previous address used?

Being unaware of the court process will assist with the recall.

This doesn't make any sense. In Scotland, the court papers must be served on the defendant either via a courier or signed for by the defendant so its not possible to send them to the wrong address. And how did a single ticket end up at £803? That makes no sense either, even with ZZPS £100 add on for these.