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Smart Parking - DCBL - 28/12/2021

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Hoping for some help with my situation.

Received my first letter from DCBL 22nd May 2025 - with the classic final notice £160 outstanding narrative. The original fine was dated 28/12/2021 for parking in Havens Bank Retail Park Exeter (which has glowing online reviews). Reason for fine : Insufficient paid time. Never received the original fine from Smart Parking in the first place.

Honestly, don't really remember the specific trip to that location as it was over 3-1/2 years ago. At that time I was a student and living in Bristol, had family in Exeter, probably went out just after christmas, yadda yadda. I moved a lot whilst in Bristol and had to change my v5 numerous times so there is every chance this original fine fell through the cracks, and got sent to an old address.

Upon advice I've seen on the forum, I have ignored the letter and not paid anything. I emailed both the data protection officers of Smart Parking and DCBL advising any future correspondence to be sent to my correct and current address.

I have received another two letters from DCBL since the 22nd May asking for the amount to be paid. The most recent has now stated that they are recommending to Smart Parking to seek legal action - however I have one final chance to pay the amount.

 After reading the newbies thread, I just have some unanswered questions. POPLA isn't something (from what I understand) I can file for now, as well as even appealing with Smart Parking at this stage.

IF, this goes to court, what can I actually provide as evidence for not being liable to pay this fine? I have no idea what Smart Parking have on their side, in the way of photos of my car, time based evidence etc. I have not seen the original fine so not sure how they present evidence within that proving you owe money. All I have is my excuse of 'not receiving the original fine'.

If there is a post or thread that I have missed that explains/helps more about my situation and what to do, I would be more than grateful if someone can link me to it. 

Should I in this instance commit the ultimate sin and just pay the fine?

TLDR - didn't receive original fine 3-1/2 years ago, DCBL chasing for payment, unsure of what to actually do

Comments

  • Gr1pr
    Gr1pr Posts: 8,498 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Definitely not a fine,  just a pcn, an invoice 

    Ignore DCBL, powerless debt collectors,  see post 4 in the newbies sticky thread in announcements near the top of the forum 

    Too late for any appeals,  forget about those stages

    They are the ones who must prove their case, with exhibits,  you dont have to prove anything as a defendant 

    Not receiving paperwork is no defence,  nothing to see there 

    Definitely do not pay 

    Wait for a Letter of Claim giving you 30 days notice,  or an N1SDT court claim pack from the CNBC in Northampton using MCOL,  meanwhile Ignore the powerless debt collectors letters but ensure that they have the correct address for the service of papers if you move 
  • Thanks very much for your quick reply.

    I requested that Smart Parking updated my address and got this reply:

    Good morning, 

    Thank you for your email.
    Due to the length of time your Parking Charge has been open, we have now referred this to a debt recovery agency who are handling the matter on our behalf.
    Please refer to your most recent correspondence which will advise you of your next steps regarding this matter.
    We cannot assist you any further.

    -------------

    DCBL acknowledged they had removed an old address and would send any correspondence to my current one. I can only assume if a letter of claim is issued, it will be sent here hopefully.

    In this forums experience, how likely is it that Smart will actually try to take this further?
  • Gr1pr
    Gr1pr Posts: 8,498 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 24 July at 3:46PM
    The Data Rectification Notice should be emailed to the DPO at Smart Parking 

    Currently not so Smart haha started issuing claims , but that doesn't mean that a court hearing will happen 

    Any Letter of Claim giving the keeper 30 days notice is likely to come from DCB Legal 
  • Coupon-mad
    Coupon-mad Posts: 152,081 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 July at 6:16PM
    Thanks very much for your quick reply.

    I requested that Smart Parking updated my address and got this reply:

    Good morning, 

    Thank you for your email.
    Due to the length of time your Parking Charge has been open, we have now referred this to a debt recovery agency who are handling the matter on our behalf.
    Please refer to your most recent correspondence which will advise you of your next steps regarding this matter.
    We cannot assist you any further.

    -------------

    DCBL acknowledged they had removed an old address and would send any correspondence to my current one. I can only assume if a letter of claim is issued, it will be sent here hopefully.

    In this forums experience, how likely is it that Smart will actually try to take this further?
    You will get a claim form later this year. It is EXACTLY WHAT YOU WANT.

    Then they will discontinue in 2026.

    If you want to make a difference to stop this utter scammery in future:

    Stick around in August to take part in the Government's Public Consultation. We have an important thread about that and we need ALL Defendants to respond to the questions to shape the regulation of this rogue industry.

    Please come back in a couple of weeks. Bookmark the thread on the Public Consultation. Go read it now, please.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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