Clarification of Newbie Thread

Gene_Crewbar

Hello,

My wife finds herself in receipt of a LOC from DCB Legal on behalf of Smart Parking Ltd concerning an alleged breach of contract in 2021. It seems to have taken them several years to track down our address and we were never in receipt of letters from Smart Parking themselves providing a chance to appeal or explain. It is possible they were being delivered to our previous address. 

I was driving the car on the day the contract was formed, and my wife has downloaded the task of dealing with this to me, and I’m hoping to clarify the following from the NEWBIE thread:

“You can briefly also state (ABOVE those two questions) your reasons for disputing the claim and/or state (if true) it was so long ago you have no idea what it's about and/or (if true) that you were not the driver and do not believe their client can hold the keeper liable.”

The claim is against her as keeper. Does the above mean she should pursue a defense that since she was not the driver, the claim is not enforceable? 

Incidentally, my further defense is that I was contracted by the owners/management of the property to carry out an inspection on a residential property on site and that I had been assured by the letting agents acting on their behalf that my reg would be white listed for parking on the day.

Thanks for any help and advice. 

Gr1pr

I am sure that the letters went to an old address obtained from the DVLA database,  probably due to the keeper not updating their address promptly after moving, so the keeper will have been at fault,  not Smart Parking , but they are supposed to trace a current address,  so have done 

Not receiving paperwork is no defence to a claim 

She can defend as a non driving keeper,  but if Smart Parking complied with POFA 2012  ( unlikely   ) then she could be liable   ( but unlikely   )  it's definitely enforceable if they were to win in court,  but unlikely to get that far anyway 

So if she is willing to be a non driving keeper defendant,  that's OK

There is no S in the Word Defence,  so change your keyboard to UK English 

Currently you don't have a defence because you are not involved,  you are her adviser,  as am I and the other respondents on here ( third party strangers   )

She should email the LoC template response to info@  dcb legal 

Gene_Crewbar

Thanks for the response and clarification.

My spelling is not a keyboard default issue, but a brain issue - I.e. that’s how Canadiansbrains spell it. Old habits die hard, though I appreciate pedantry as much as the next fellow. 

We will email the LoC response. 

Gene_Crewbar

Actually, turns out U.K. standard spelling is the same as as Canadian. Defense is an Americanism. 

Gr1pr

Its not just pedantry,  it's UK litigation that uses the UK dictionary and keyboard etc , so better to conform to our version of language and spelling from the get go,  same as you may have done with money and driving on the left 

It will be better for you when legal documentation is submitted, especially if a judge reads it,  so take heed

Ps, there is no WE,   she  will email the LoC response 

She will deal with the inevitable court claim when it arrives,  if HER name is on it 

WE can all assist her

Gene_Crewbar

Gr1pr said:

Its not just pedantry,  it's UK litigation that uses the UK dictionary and keyboard etc , so better to conform to our version of language and spelling from the get go,  same as you may have done with money and driving on the left 

It will be better for you when legal documentation is submitted, especially if a judge reads it,  so take heed

Ps, there is no WE,   she  will email the LoC response 

She will deal with the inevitable court claim when it arrives,  if HER name is on it 

WE can all assist her

I understand the reasons. I usually do use British spellings, and I’m not sure how that slipped in there other than Yankification. I also understand that it will be her defence, singularly. I used the plural merely because we’re both looking at this, not out of a lack of clarity. If she names me as driver, what do you believe would be the right course of action from here? 

Gene_Crewbar

“wants to name me as driver” 

Gene_Crewbar

What kind of BB architecture doesn’t have an edit feature in 2025?  

Gr1pr

Newbies cannot edit or delete their posts,  which will change when you are accepted and your status changes to forumite,  like me 

The correct course of action is to decide who is best able to defend a court claim,  her or you, because she has that choice at the moment,  but if you are named as driver you cannot try to rely on the law named POFA 2012 because it doesn't assist any known driver 

If Smart parking failed to comply with Pofa2012 then she has no legal liability in law

Its not about what I believe,  it's about the 2 of you discussing who is willing to defend a court case 

Gene_Crewbar

Gr1pr said:

Newbies cannot edit or delete their posts,  which will change when you are accepted and your status changes to forumite,  like me 

The correct course of action is to decide who is best able to defend a court claim,  her or you, because she has that choice at the moment,  but if you are named as driver you cannot try to rely on the law named POFA 2012 because it doesn't assist any known driver 

Its not about what I believe,  it's about the 2 of you discussing who is willing to defend a court case 

Well, no, what you believe to be the correct next step in a course of action should she want to name me is a different question altogether. For instance, should she respond to the LoC with that declaration? 

Gr1pr

Its not for me to say because she currently has multiple choices,  so must decide which path to follow,  before anyone can give the correct steps   ( we shall have to agree to disagree   )