MCOL for parking charges 5 years ago

Dane19

Hi All

I have just acknowledged a MCOL for 2 parking charges a week apart in July 2020, claimant (Smart Parking Limited)  reason unauthorized parking. i do not recall receiving any letters until just recently i had one from dcbl and now the claim bearing in mind it was the covid era where postal service was hit and miss so I'm presuming they sent it but i did not reach me. 

Google maps is showing it to be a residential area carpark so I'm guessing it must be a permit only car park and without going through the paperwork I'm assuming it was for deliveries i made.( should still have delivery notes etic)

I'm preparing my witness statement so few questions, since i don't have the original charge notice i wouldn't know weather it was pofa complaint so ,

1. Should i still use this argument considering now there is a limitation on words
2 Can i use the bpa grace period, does it apply in private car parks.
3 Is the anything else i can use for them delaying 5 years where recollection and evidences of the incident would be very difficult and on top of that they charging me interest for this period.

much appreciate any input.

Gr1pr

You are preparing your defence to the POC in the claim,  NOT your witness statement   !

Presumably its Smart Parking via DCB Legal 

1) Smart parking never complied with POFA 2012, so look at the advice given in the other recent cases

2) I believe that you meant consideration period,  which was in the BPA Code of Practice dated January 2020

3) same advice as in other court claims on here 

Post the Issue date from the top right of the claim form below and also the date that you completed the AOS stage online on MCOL 

Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first too

Dane19

Yes sorry I meant defence, a bit ahead of myself  
yes smart via legal

issue 5/08/25
aos 12/08/25

Gr1pr

OK so read a couple of recent Smart Parking dcb legal cases and draft paragraphs 2 & 3

It seems to me that you were stopped  ( not parked   ) whilst picking up or dropping off deliveries,  a task allowed in the Laura Jopson appeal,  that you were allowed a consideration period, plus that Smart didn't invoke keeper liability by not complying with Pofa2012 

Coupon-mad

Smart Parking court claims can't hold registered keepers liable, due to their choice never to use the POFA 2012 on their NTKs until this year. So in 2020 during COVID these were both 'non-POFA' worded NTKs.

What does that mean for you? Do not imply who might have been driving in your defence. And call out DCB Legal for the lie in the POC which wrongly references POFA.

Copy a recent Smart defence that says that!