Smart Parking + DCB Claim

elithia

Hi all, 

I've received a LOC a few weeks ago from DCB legal on behalf of Smart Parking for two PCNs relating to two incidents in March 2023. I wasn't able to dispute these at any earlier stage due to changes of address - I wasn't aware the PCNs existed until DCB letters started to appear. I did respond to the LOC with the generic response advised in this forum, and I received a reply a few days ago still saying I need to pay in 30 days etc. I'm aware replying was futile anyway, and I know a court claim is imminent so I'm just positing here to get some advice on the angle I should take.

One of the PCNs, I have bank statement evidence of a transaction to smart parking at 11.25am and the pictures of my old car from APNR camera evidence show my car entering at 11.21 and existing at 12.33. For the other, I don't have anything for, and also have no idea whether I was driving as the car was shared at the time. I haven't seen any evidence proving or disproving that a ticket was purchased - it is only pictures of the car, that was I was the keeper of, entering and exiting the car park. Should I just defend both claiming no keeper liability? Especially considering I've read that Smart Parking don't follow the necessary POFA regs in their NTKs?

Thanks in advance. 

kryten3000

Wait for the claim to see what the particulars say.  Don't do their job for them by providing details that they don't know about.  Definitely question their compliance with the POFA and also put them to strict proof of their authority to operate.

If these claims are like the usual DCB ones, they will discontinue later in the process provided you submit a robust defence based on the Newbies template. 

Coupon-mad

Definitely DO NOT admit to driving in the defence. Smart Parking only started using the keeper liability law this year!

elithia

Thanks both. So should I focus my defence on them not being able to hold me liable as the keeper, and not mention any extra details such as the bank statement record or getting them to prove that no ticket was actually purchased by the driver? 

kryten3000

Use the template defence and the special DCB Legal paragraph 3:

"Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations."

Coupon-mad

kryten3000 said:

Use the template defence and the special DCB Legal paragraph 3:

"Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations."

They haven't yet got a claim but just to add to this, when the template claim arrives the OP could add a suggestion of contempt of court for the signatory of the claim (almost certainly) lying about keeper liability.

@elithia here are a few threads ahead of you in this game:

https://forums.moneysavingexpert.com/discussion/6609963/n1sdt-from-dcb-legal

https://forums.moneysavingexpert.com/discussion/6610041/conditions-of-ccj-staying-my-record

https://forums.moneysavingexpert.com/discussion/6609990/dcbl-parking-defence

Their paragraph 3 of defence will help you when it's your turn.  Easy peasy to defend. Easier than any appeal.