(Was CST Law) but now DCB Legal for Smart Parking

mogora

Hello, I have done the AOS on MCOL now. 
Does that give me 28 days from today to send the defence?
What reasons should I use for my defence apart from getting the PCN 14 days after the incident?
Thank you

Gr1pr

Its 33 days from 7th August, so 4pm on Tuesday 9th September 

Study other recent Smart Parking DCB Legal cases for your paragraphs 2 & 3 adaptations 

Their allegation is ,  Insufficient paid time 

Coupon-mad

mogora said:

Hello, I have done the AOS on MCOL now. 
Does that give me 28 days from today to send the defence?
What reasons should I use for my defence apart from getting the PCN 14 days after the incident?
Thank you

Same as in every  Smart Parking claim thread this past month. Read a few. You'll see the pattern!

mogora

Gr1pr said:

Its 33 days from 7th August, so 4pm on Monday 11th September 

Study other recent Smart Parking DCB Legal cases for your paragraphs 2 & 3 adaptations 

Their allegation is ,  Insufficient paid time 

Hi, 

Is it 11 Sept due to the weekend?

Gr1pr

mogora said:

Gr1pr said:

Its 33 days from 7th August, so 4pm on Monday 11th September 

Study other recent Smart Parking DCB Legal cases for your paragraphs 2 & 3 adaptations 

Their allegation is ,  Insufficient paid time 

Hi, 

Is it 11 Sept due to the weekend?

Sorry, I should have said Tuesday 9th September at 4pm  ( its 33 days after the 7th August   )

Coupon-mad

mogora said:

Hello, I have done the AOS on MCOL now. 
Does that give me 28 days from today to send the defence?
What reasons should I use for my defence apart from getting the PCN 14 days after the incident?
Thank you

Same as in every  Smart Parking claim thread this past month. Read a few. You'll see the pattern!

Have you read a few Smart Parking Claim threads now? DCB Legal are misleading the court about the POFA 2012 in EVERY SINGLE SMART PARKING CLAIM.

Copy & adapt the usual stuff seen, such as the one I wrote in the gym thread last week. Scroll through my replies on my profile and click on all the Smart Parking thread titles in my comments.

Or search the forum for posts by me including these words:

Smart POFA untruth signatory

And we need every poster to come back & complete this vital Public Consultation before the deadline. Which is in ONE WEEK.

See this thread: -

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law.

I've written some guidance on that thread. I have covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

Do this before your defence. Thanks!

mogora

Hi all, 

I am thinking of doing the below as my para's 2 and 3 :-

2. The allegation(s) and heads of cost are vague and liability is denied for the sum claimed, or at all. At the very least, interest should be disallowed; the delay in bringing proceedings lies with the Claimant. This also makes retrieving material documents/evidence difficult, which is highly prejudicial. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant has little recollection of events, save as set out below and to admit that they were the registered keeper. 

3. The Claimant alleges a parking charge from 08/12/22 but did not issue a Notice to Driver. Under POFA 2012, a Notice to Keeper (NTK) must be delivered within 14 days (by 22/12/22) to transfer liability to the registered keeper. The NTK was issued on 22/12/22 and received on 06/01/23, 29 days after the event, and therefore not compliant with POFA. Furthermore, Smart Parking have only recently began using POFA-compliant Parking Charge Notices so they cannot rely on POFA to pursue keeper liability for an incident in 2022. The Claimant is put to strict proof of compliance with all POFA requirements. As liability cannot transfer to the keeper and no evidence has been provided as to the driver, the Claimant has no cause of action against the Defendant. The claim must be dismissed. Regarding paragraph 3 of the Particulars of Claim, the Claimant has never utilised the provisions of the Protection of Freedoms Act 2012 (“POFA”) and has never been able to hold registered keepers liable under that statute. Accordingly, the Claimant’s solicitor, by signing a statement of truth which relies upon POFA in this claim, has misled the Court as to the applicable law.

Does that look okay, or anything I should change/ omit ?

Coupon-mad

Looks great.

mogora

Regarding paragraph 3 of the Particulars of Claim, the Claimant has never utilised the provisions of the Protection of Freedoms Act 2012 (“POFA”) 

Looking at my Claim form above, should that say "paragraph 4" ?

mogora

I cannot seem to login into the MCOL site now. 
On the MCOL page, I click on Login or Register.
It takes me to the Government Gateway. 

When I try to reset the password, it keeps sending me to the Government Gateway home page
I think I had inadvertently created a new Government Gateway on the same email address, and now I cannot seem to do anything. 
Any advice please?

Can I send my defence to this email address ?
ClaimResponses.CNBC@justice.gov.uk

If yes, what would I include as a reference ? The claim number or anything else?

I am on the phone to the helpline, been over 50 minutes, position number 26, tried to arrange a callback, did not work, has pushed me back about 10 places. My personal experience is, anything to do with Government Gateway usually gets f**ked up all the time.