N1SDT from DCB Legal

Aroundincircles

I received a PCN from Smart Parking back in March 2023.  At the time I appealed on the basis that the Date of Contravention was 3rd March 2023 and the Issue date of the PCN was 20th March 2023, so 17 days later.

From that time there was a catalogue of mistakes.... I received an acknowledgement of my appeal but no decision.  When I chased this up, some three months later, I was emailed a copy of an email apparently sent to me on 20th June that I never received.  I assume it had gone to my junk folder but don't know for sure.  The copy was basically rejecting my appeal as having been received after the 28 days appeal date.  Unfortunately I didn't keep a copy so can't know for sure whether this was true. 

I then asked for the POPLA verification code and was told that it had been supplied in the original rejection email and had since expired.  The matter had been handed to a debt recovery firm and I would need to deal with them.

I then began receiving threatening letters from Debt Recovery Plus, I spoke to them on the phone, explained that Smart Parking had exceeded the time allowed to contact me as the keeper of the vehicle and the letters stopped.  I assumed the matter had gone away.  

In June 2024 I began receiving letters from Past Due Credit.  I ignored them and in January 2025 started receiving more letters from DCBL culminating in a Letter of Claim in April from DCBLegal.  I should have realised that this wasn't now a debt collectors matter but didn't, my mistake.

I have now received the N1SDT and need to deal with this.  My question is: Is the time lag by Smart Parking in issuing the PCN i.e. 17 days not within 14 days, enough of a defence for a parking charge notice or do I now need to accept defeat and pay up?

I'm very grateful for any advice received.

Gr1pr

If you were the driver then the timescale may be irrelevant,  a non driving keeper may have a case on the no keeper liability aspect 

The defence is located in the defence template thread in announcements near the top of the forum 

Do not pay up, defend the claim 

Post the issue date from the claim form below,  plus a redacted picture of the POC on the lower left of the claim form after hiding the VRM details first too

Coupon-mad

What you describe wasn't a mistake. Did you miss reading threads showing how often Smart Parking pretended that replies to appeals had been emailed?

The BPA even stepped in and got some cancelled. You could have done that had you come here then.

Easy to defend though, and there won't be a hearing. You are not alone. Whole batch of Smart Parking doomed claims are arriving here like buses here now:

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

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

https://forums.moneysavingexpert.com/discussion/6609879/smart-parking-dcb-claim

Aroundincircles

So this is the Claim Form, redacted.

Gr1pr

Login to MCOL and complete the AOS online 

Aroundincircles

I have managed step 1 and completed the AOS online, I now have until 25th June to submit my defence.  

I've read through some of the template but I'm not sure which parts apply to my situation! 

Gr1pr

You will likely be using ALL  of the template defence,  30 or so paragraphs , nobody expects you to prune it, just to adapt the 2 relevant sections 

You are adapting paragraphs 2 & 3, leaving the rest unchanged,  so after studying recent cases over the last 7 weeks,  post your draft of paragraphs 2 & 3 only, below 

You are rebutting the POC,  regardless of the situation 

Umkomaas

Aroundincircles said:

I have managed step 1 and completed the AOS online, I now have until 25th June to submit my defence.  

I've read through some of the template but I'm not sure which parts apply to my situation! 

All of it applies - use it. You just need to add a bit about the circumstances of the parking event at para 3 (you might need a small number of paras), then adjust the para numbering of the template paras following. Show us the paras you add, we don't need to see the rest of the template, pleeeease!

Coupon-mad

Aroundincircles said:

I have managed step 1 and completed the AOS online, I now have until 25th June to submit my defence.  

I've read through some of the template but I'm not sure which parts apply to my situation! 

But I showed you 3 links to other exact match Smart Parking cases where I've already advised what to add.

Boldspirit

Aroundincircles said:

So this is the Claim Form, redacted.

I received my claim form issued on exact date as you from DCB Legal with claimant also Smart parking. Have you lodged a defense yet?  Only difference in wording is No 3 in the particulars of claim - Failed to oay for sufficient time

Umkomaas

If you're looking for help with the claim @Boldspirit, please start a new thread of your own, with a bit of background to the parking event, a redacted copy of the claim form sent to you, whether you have acknowledged service (AOS), and if so, on what date.