PCN at Claim stage. DCB Legal. / Smart Parking.

TimBisley

Hi Everybody. I'm just looking for some guidance on my saga, please! Hopefully this is all something been seen before and I'm just boring people!

I have recently received a Claim Form from DCB Legal/Smart Parking regarding 3 PCNs from 2021. (£100 x 3 + £70 fee for each plus 8% interest! Total of £815) 
The PCNs were from a shopping centre that was next to my daughter's school. 
The school told us parents that they had an agreement with the shopping centre that we park in the car park free of charge between 8am and 9:30 for drop off and between 3pm and 4:30 for pick up. They even printed and laminated a pass. I no longer have the pass but have a photograph.

Obviously somebody didn't get the memo as I received 3 separate PCNs from 3 separate days for .
I think at the time, I appealed to Smart Parking but got nowhere. I think at the time, I wasn't aware of appealing directly to the land owner so I didn't do that.

Anyway, nearly 4 years have gone by without a peep and suddenly, debt collector letters have come and gone, DCB Legal letters etc. And now we're at the point of a Claim.

I have just tonight filed my AOS so have 28 days to draft a defence which I will obviously get help from the defence draft thread, but I suppose I am like everybody else going through this and just worried that my case is different maybe?!

Obviously, with hindsight, the school should've had an agreement with Smart Parking, not the shopping centre. It was 4 years ago so the manager at the time has moved on now. 
I can't get any info out of the school because it's the school holidays at the moment.
I actually didn't even attempt to buy a ticket as I was under the impression I didn't have to.
Would these arguments weaken my defence?

Thanks for any help.

Gr1pr

Post the Issue date from the top right of the claim form below and also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Coupon-mad

3 PCNs might well end up with a hearing but DCB Legal do love to discontinue cases and are hearing averse so you can't be sure either way. However, your evidence of the pass at WS stage (later) should be the silver bullet.

I think your paragraph 3 should be similar to all the other Smart Parking DCB claim threads with the extra bit in all of them (search the forum) that points out that the Claim is untrue because Smart never used the POFA 2012 in 2021 and know full well they cannot hold a registered keeper liable.

I think at the time, I appealed to Smart Parking but got nowhere.

OK, did you admit to driving? We hope not but if you did, the defence cannot rely on the above POFA point.

TimBisley

Gr1pr said:

Post the Issue date from the top right of the claim form below and also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Thanks for your reply.

TimBisley

Coupon-mad said:

3 PCNs might well end up with a hearing but DCB Legal do love to discontinue cases and are hearing averse so you can't be sure either way. However, your evidence of the pass at WS stage (later) should be the silver bullet.

I think your paragraph 3 should be similar to all the other Smart Parking DCB claim threads with the extra bit in all of them (search the forum) that points out that the Claim is untrue because Smart never used the POFA 2012 in 2021 and know full well they cannot hold a registered keeper liable.

I think at the time, I appealed to Smart Parking but got nowhere.

OK, did you admit to driving? We hope not but if you did, the defence cannot rely on the above POFA point.

Thanks. I will have a look at other DCB Legal threads.

I can't recall 100%, but the only e-mail I can find (I usually keep everything!) does not admit to being the driver. I don't think I ever would as it was always advised not to on here!

Gr1pr

Gr1pr said:

Post the Issue date from the top right of the claim form below and also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Post the Issue date from the top right of the claim form

TimBisley

Gr1pr said:

Gr1pr said:

Post the Issue date from the top right of the claim form below and also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Post the Issue date from the top right of the claim form

Ah sorry, missed that bit! 

It was issued 6th August 2025.

TimBisley

A probably daft question regarding the defence; Are the paragraph numbers directly related to the paragraph numbers in the POC? As in, if you copy and paste the defence on the template thread, is there a chance it would not make sense at all?!

Coupon-mad

Are the paragraph numbers directly related to the paragraph numbers in the POC?

Not at all.

You need to copy a specific recent (July/August) defence for Smart Parking that talks about what I said.

Gr1pr

TimBisley said:

Gr1pr said:

Gr1pr said:

Post the Issue date from the top right of the claim form below and also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Post the Issue date from the top right of the claim form

Ah sorry, missed that bit! 

It was issued 6th August 2025.

OK, login to MCOL and complete the AOS online if not done already,  to extend the deadline 

TimBisley

Gr1pr said:

TimBisley said:

Gr1pr said:

Gr1pr said:

Post the Issue date from the top right of the claim form below and also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Post the Issue date from the top right of the claim form

Ah sorry, missed that bit! 

It was issued 6th August 2025.

OK, login to MCOL and complete the AOS online if not done already,  to extend the deadline 

Yeah, I did that last night so does that now mean 28 days from yesterday?

I've noticed that 2 of the 3 PCNs seem to have been issued more than 14 days after the alleged incident. Is this what not complying with POFA 2012 means?