Smart Parking unfairly taking me to court via DCBL. Please help!

hodlerjay

Hi everyone, 

Just needed some advice as I have just received a claim from Smart Parking/DCBL over an issue which was no fault of my own.

I followed Smart Parkings appeals process and sent an appeal to them on 11/10/2021 via the website (please see attached image for evidence) I am yet to receive any response from them or DRP apart from the message on the screen which said the appeal was successfully submitted and received.

After many years now they are chasing the debt through a new company DCBL, when it was their own negligence and incapability to follow up on my appeal when I originally sent it. I can see from online forums this is not the first time they have ignored appeals and then chased up with debt recovery companies which is a direct violation of their own appeals process.

https://forums.moneysavingexpert.com/discussion/6524609/smart-parking-major-keying-errors-appeal-no-response-debt-recovery-plus

https://forums.moneysavingexpert.com/discussion/comment/80511826/#Comment_80511826

https://forums.moneysavingexpert.com/discussion/comment/80511533/#Comment_80511533

https://forums.moneysavingexpert.com/discussion/comment/80719312/#Comment_80719312

https://forums.moneysavingexpert.com/discussion/6514685/smart-parking-pcn-not-received-escalated-to-debt-recovery-within-a-month

https://forums.moneysavingexpert.com/discussion/6506021/smart-parking-and-debt-recovery-plus

https://forums.moneysavingexpert.com/discussion/comment/80514282/#Comment_80514282

https://forums.moneysavingexpert.com/discussion/6489447/smart-parking-ltd/p1

https://forums.moneysavingexpert.com/discussion/6489424/smart-parking-didnt-responded-for-appeal

https://forums.moneysavingexpert.com/discussion/6525173/smart-parking-penalty-error-and-now-debt-collector-letter

My question is now that I've got a court claim, what is the best way to go about this? I have the screenshot and plenty of emails as evidence that I did submit my appeal on time and have kept contact with them throughout however they fail to recognise their failings as a parking enforcement agency. 

Any help would be appreciated, thank you! 

Coupon-mad

I followed Smart Parkings appeals process and sent an appeal to them on 11/10/2021 via the website (please see attached image for evidence)

That image isn't from Smart's website. That's DR Plus 'contact us'.

Did your appeal admit who was driving?

Show us the Claim Form, covering the same 4 things you see covered in all other DCB Legal claim threads kicking about here.

hodlerjay

As far as I remember, at that time this was the only way to appeal to Smart Parking. There would be a reason I'd log the appeal with DRP but I can't remember exactly! I can't even remember what my specific appeal was this was over 4 years ago

Gr1pr

You cannot appeal to debt collectors,  in your case there was Smart Parking followed by POPLA , nothing else 

A complaint to the management company or landlord or landowner or business would have been a good idea 

We will have to assume that the driver was not revealed at the time, due to no recollection by the defendant 

Lets see a redacted picture of the claim form,  after hiding your name and address,  hiding the claim reference number,  and the VRM details in the POC,  and also hiding the password on the lower right hand side too

Leave the dates showing 

Coupon-mad

And literally just copy a Smart Parking defence this past week that includes the POFA point and the word untruth.

Search the forum. No need to write it from scratch. I feel like starting a 'Smart Parking group thread' as these claims are coming along like buses! All the same.

hodlerjay

@Coupon-mad @Gr1pr Please see attached

Gr1pr

Coupon-mad said:

And literally just copy a Smart Parking defence this past week that includes the POFA point and the word untruth.

Search the forum. No need yo write it from scratch. I feel like starting a 'Smart Parking group thread' as these claims are coming along like buses! All the same.

OK,  so do as coupon mad stated in her reply above 

Start by logging into MCOL via your government gateway account and complete the AOS online first,  then draft your paragraphs 2 & 3 in the defence template