Filing Defence - Smart Parking/DCB Legal - Guidance Needed

Boldspirit

Hi all,

Good afternoon.

Firstly, I just want to say a big thank you to everyone who contributes their time and knowledge here, your support has been invaluable and much appreciated. I've been following the advice in the forum and have done my best to comply with all suggestions.

Here's a quick summary of where I am:

• I received a PCN from Smart Parking which I ignored initially.

• I then received a Letter of Claim from DCB Legal, which I responded to using the standard forum template.

• The PCN alleges that I overstayed in a car park (details can be provided if needed).

• I've now received a County Court Claim Form.

• I have submitted the Acknowledgement of Service (AOS) via the MCOL website.

I'm now at the stage of preparing my defence.

My question is: Can I use the standard template defence that’s shared here for this kind of case, or is there anything Smart Parking-specific I should be aware of?

Any tips or guidance on tailoring it to suit my case would also be much appreciated.

Best wishes,

ChirpyChicken

As long as you didn't appeal it
Your defence needs to centre around it being non pofa

Boldspirit

ChirpyChicken said:

As long as you didn't appeal it
Your defence needs to centre around it being non pofa

Thank you ChirpyChicken. the AOS was a few days ago, do i hold back with the defence for a bit?

Coupon-mad

No there's no need to delay it.

Search the forum and just copy from another Smart DCB Legal claim thread defence from May, that mentions that the signatory has misled the court because this Claimant has never used POFA keeper liability.

I also suggest replacing the DLUHC /Draft IA paras in the middle of the Template Defence (which I cheerfully admit needs an update!) with other wording, see here:

https://forums.moneysavingexpert.com/discussion/comment/81495996/#Comment_81495996

Boldspirit

Coupon-mad said:

No there's no need to delay it.

Search the forum and just copy from another Smart DCB Legal claim thread defence from May, that mentions that the signatory has misled the court because this Claimant has never used POFA keeper liability.

I also suggest replacing the DLUHC /Draft IA paras in the middle of the Template Defence (which I cheerfully admit needs an update!) with other wording, see here:

https://forums.moneysavingexpert.com/discussion/comment/81495996/#Comment_81495996

Thank you Coupon-mad 

I have literally just received a response to the template message i sent dcb legal. Surely this doesnt change anything, does it?

Herewith their response below
Dear XXX,  We write in response to your correspondence received in our office dated XXXXX.Please find the images of your vehicle attached. This PC was issued on XXXXXX at Willen Lake Car Park B (north) due to failing to pay for sufficient time.  A claim was issued against you on the XXXX in the amount of XXXXX You now have 14 days from the date of this email to make payment of the claim balance.  Failure to do so will result in Judgment being requested against you in default. If accepted a County Court judgment will be placed on your credit file. Payment can be made via bank transfer to our designated client account: - Account Name:XXXX Sort Code: XXXX   Account Number: XXXXYou must quote the correct case reference (XXXXX) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred. Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at xxxx

 

Coupon-mad

Nope. Changes nowt. Not sure why you contacted them which was the wrong thing to do at actual Claim Form stage.

Carry on copying a recent Smart defence that includes what I said, and also replace the outdated DLUHC/draft IA part of the template defence as I also showed you.

Boldspirit

Good evening friends 

I received this email following submitting my defence. Do i ignore it ?

Good morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim. In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court. Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on xxxxx within 7 days and make immediate reference to this correspondence. If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

Coupon-mad

That's already covered in the first 8 steps in the Template Defence thread.

So, right now we hope you're reading the forum and planning on lending your weight to the consumer responses to the Government?

While your case is quiet, we need you:

It's very important that people like you join us to reply to the new Public Consultation, to tell the Government that:

a) you have no faith in POPLA or the IAS and that there must be the SINGLE APPEALS SERVICE that the Parking (Code of Practice) Act 2019 promised the public. As long as it is independent (and only ONE appeals service, not two involved in a race to the bottom) that will give a real option to resolve disputed cases out of court.

b).  THAT THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. DISPUTED CASES ARE NOT SOLVED BY A THIRD PARTY DEMANDING MORE MONEY AND OFFERING A 'PAYMENT PLAN' FOR EXTRA MONEY. THIS SHOULDN'T BE LEGAL.

c). Tell them about your experience and that your case is now at court stage, precisely because (a) and (b) above mean there is no option, no safeguard for consumers EXCEPT to defend court claims. You didn't choose this. The lack of impartial buffer at pre-action stage corrals people to court.

Responses are invited to the Consultation now:

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

Do it in August pleeease! We will discuss it all in more detail in the coming weeks on that thread so do come back in a fortnight.