Smart Parking court defense, queries & what to/not to include

Hater_of_CST

Hiya, first of I'm going thank coupon mad for all their great work and help and extreme patience must have for all the repeats endured and slightly slow amd/or poor with  technology people like myself.

I've had the letter from the court that Smart Parking/their DCB scammer team are taking it to court. I've managed find the extremely helpful guide for step by step and drafting defence but have a few questions while creating my draft defence.

I've don't the initial response for service and that intend to defend in full through the money claim online. 
Does thus automatically add the extra 14 days for get the defence sorted and in?... hopefully does as I'm abit slow at writing and with work and only limited computer access when visit family the extra time remove pressure is needed.

Things seem suggest I should reply/submit in same way it was served but steps guide says email. 
Does it make any difference how it's done?
I see I comments on the guide the money claim site doesn't fit & screws up the draft,  is that correct and why say don't use that and email instead?
Is the court email definitely correct?
On the court form it say address for sending documents and gives DCB legals address (pic attached is the section i mean)... do I need send them anything and if so what? I thought it all goes to the court, also had a friend got screwed for similar as sent to an address like that for another company and they then destroyed it and said should gone court and date had passed by then so auto lost their defence.

Now when adding in and modify the supplied part 3 (and any other sections) what should/shouldn't I include as don't want accidentally incriminate in any way. Specifically these points.
1)I'm not sure who was driving if was me, friend or friend of fanily member (partners mums now ex boyfriend as they'd used my car alot around that time for a move and it wasn't anything ever kept record of... I do know partners mum was working that day so could quite likely been them meeting after work).
2) the poor signs and dangerous placement (i know this in the draft already but could add more detail) as had been there multiple times before and never seen any, went back a while after looking for them and found 1 on the junction off roundabout, 1 facing where cars come back to go around carpark again and block it, a couple on back wall next to the active lane that only pass on way out and then a couple more facing the lanes and disabled/parent & child bays that are inaccessible unless stood ontop a parked car.
3) it was over the Christmas holidays (24th Dec 22) and the times I know went around then it was so packed and slow it was taking half and hour or more get around the carpark to try and find a space to actully park... think letter said was 15 mins overstay but in that case wouldn't actually been physically parked for the 2 hr limit just on site.
2 & 3 .2) again at Christmas so much traffic, pedestrians, shopping trolleys, peopel standing about making everyone harder and slower and likely blocking/diverting attention from any limited signs.
4) not sure if were there on the exact date in question but 98% sure were, the was roadworks directly outside around then causing even bigger delays and long ques to exit carpark. So again on site but not parked, just stuck with restrictive ability to exit.
5) that a 2hr limit feel wasn't fit for purpose as the was 7(+) stores there at the time including large B&M café/coffee shops and a large supermarket.

6...?) Also in Jan 2024 when CST were annoying with spam junk mail I did send them a letter (think was a modification based from Beamer Guys letter) addressing some the above points and clarification on many their vagaries. At the end of this I gave a 30 day notice that would accept a letter of cancellation or ALL items/evidence addressed and that if these weren't received it'd be considered acknowledgement of their invalid claim. They did acknowledge that received the letter and that had informed smart parking and they were aware but didn't provide the information I required. I then didnt hear anything more for about 1 year until DCB took it up again recently... so by this I view claim already voided and as much a contract as they claim to have.
I will add the letter sent to CST in next comments so can see what was said then.

Thanks again for any and all help... sorry if ramble, I know I do but try include all details but know it can often be to much detail when not needed I jsut don't know the line where it goes form good - bad.

Hater_of_CST

Oh and a further thing the not technology inclined. In the defence guide it says about signing and scanning back in or signing digitally. If scan how do I make it a pdf of all pages? What's a digital signature, is it essentially just type in name at the end where it says signed by......? Does it have to be a PDF or is a word document ok? I can use word and have read PDF but never made one, other than parents scanner when select save as pdf but that only does single pages not combined.

Thanks again 

troublemaker22

You’ve posted a lot of material - but not the crucial document we need to see! Please show us the first page of the claim form. Redact your name, address, vehicle number, claim number and password but leave all dates showing 

Gr1pr

Condense your questions into a concise bullet point reply below,  without all the other stuff,  but to answer a few questions 

Ideally login to MCOL and complete the AOS online if not done already,  on or after day 5 following the claim form issue date 

Do not complete the defence in the start defence box,  just logout after the aos is done 

Yes the online box is too restricting and screws up the formatting,  so wont be used 

Yes use word to draft the defence 

Typing your name should be sufficient,  but personally I would add a digital signature too, by signing a white piece of paper using a black ink pen, taking a photo of it and adding it to the bottom of the word document 

Save your defence draft as a docx document as usual,  then choose SAVE AS and choose to publish the document as a pdf document in Word,  meaning that it saves it again but as a pdf suffix instead of the default document suffix 

You attach the pdf document to your email and send it to the claim.responses email address at the CNBC in Northampton 

The first post in the defence template thread has all the current email addresses and each one is specific to get to the correct department or section 

So the current information that you found is correct and the best advice too, so you wont be using MCOL after the aos is completed, apart from checking progress,  like checking a bank account 

No paperwork is involved either,  everything is done mainly by email after the AOS is completed 

No court is involved yet, so you are only dealing with the CNBC in Northampton,  a government office,  mainly using email 

Nothing goes to DCB Legal at this stage of the process 

Forget about CST or the debt collectors letters etc, concentrate on the present,  not the past 

troublemaker22

Please delete the irrelevant and distracting historic correspondence and replace with the (duly redacted) front page of the claim form

Coupon-mad

As above. Remove those irrelevant images. Show us the claim form with the usual 4 redactions (read any DCB Legal thread to see what 4 things to cover up).

You aren't alone. Read these other cases:

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

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 - when they reply and post it - will help you see what to do.  Easy peasy to defend. Easier than any appeal.

Hater_of_CST

troublemaker22 said:

You’ve posted a lot of material - but not the crucial document we need to see! Please show us the first page of the claim form. Redact your name, address, vehicle number, claim number and password but leave all dates showing 

This is the first page, didnt think was needed as thought they essentially just used a copy and paste for all their PCs as the templates match up against them.

Hater_of_CST

Gr1pr said:

Condense your questions into a concise bullet point reply below,  without all the other stuff,  but to answer a few questions 

Ideally login to MCOL and complete the AOS online if not done already,  on or after day 5 following the claim form issue date 

Do not complete the defence in the start defence box,  just logout after the aos is done 

Yes the online box is too restricting and screws up the formatting,  so wont be used 

Yes use word to draft the defence 

Typing your name should be sufficient,  but personally I would add a digital signature too, by signing a white piece of paper using a black ink pen, taking a photo of it and adding it to the bottom of the word document 

Save your defence draft as a docx document as usual,  then choose SAVE AS and choose to publish the document as a pdf document in Word,  meaning that it saves it again but as a pdf suffix instead of the default document suffix 

You attach the pdf document to your email and send it to the claim.responses email address at the CNBC in Northampton 

The first post in the defence template thread has all the current email addresses and each one is specific to get to the correct department or section 

So the current information that you found is correct and the best advice too, so you wont be using MCOL after the aos is completed, apart from checking progress,  like checking a bank account 

No paperwork is involved either,  everything is done mainly by email after the AOS is completed 

No court is involved yet, so you are only dealing with the CNBC in Northampton,  a government office,  mainly using email 

Nothing goes to DCB Legal at this stage of the process 

Forget about CST or the debt collectors letters etc, concentrate on the present,  not the past 

That is my trying to condense it and keeping to only what thought might be relevant 😅

I got the service thing done on MCOL on the 30th just before made post so that bit is sorted.

Ahh a pic of signature and add that, that's somthing I can manage ok and just had a look on a computer at work and have found the way to save as a PDF which never realised could do. Thanks very much for the how to with those.

Gr1pr

FYI

The various claim issue dates are different in some cases

Not all the Smart Parking claims are about overstays,  plus the totals being claimed can vary, even for a single pcn

So some may be the same,  some may be similar,  but details matter, especially if there are grounds for a strikeout,  so only 2 documents really mattered,  the original NTK PCN letter,  plus the N1SDT claim form that you have now posted,  thank you

So now you have more idea why a lawyer we trust asked for the documents that really matter,  not the other hamster bedding,  lol

Hopefully I answered your questions and now you are acting on the information provided back to you   ( a 2 way st  )

Whilst waiting for any further advice,  please start drafting your few defence template paragraphs,  typically 2 & 3 unless you have grounds for a strikeout 

Coupon-mad

Why not read the threads I linked, where I pointed out what the problem is with this POC referencing the POFA?

Please delete your second post above as we already asked.  Those images aren't needed and are making your thread too long to read and understand.

Hater_of_CST

Coupon-mad said:

As above. Remove those irrelevant images. Show us the claim form with the usual 4 redactions (read any DCB Legal thread to see what 4 things to cover up).

You aren't alone. Read these other cases:

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

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 - when they reply and post it - will help you see what to do.  Easy peasy to defend. Easier than any appeal.

I've now added the front page with their PCs on so can their BS for this one.

That other section 3 is a good one which will likely mix with the Dropbox one you'd shared in another thread. I also quite the other thread reply of suggesting including considering it contempt of court as the PC4 becuse if recall correct the forst letter was dated 17 days after making keeper claim auto invalid.

I'd included the previous correspondence as shows info that they have and thought some/all might useful for my para3 and shows things theyd already failed to provide correctly.
So am I now right in thinking not to include those various paoints in my defence as it's info beyond their PC and essentially keep in reserve  for the (not going to happen) court appearance,  under the "defendant reserves the right to call upon additional info" from the Dropbox para 3 draft?

Thanks