Claim Form + extra parking charge added

xmountaindog

Defense and counterclaim submitted. Will update on here. 

Coupon-mad

xmountaindog said:

Defense and counterclaim submitted. Will update on here. 

Then I strongly suggest this as well, which might start bearing fruit and seeing cases swiftly cancelled:

I encourage EVERY Smart Parking Defendant to report DCB Legal to:

- the SRA (Solicitors Regulatory Authority) for alleged systemic breach of their professional standards;

- the CSA (Credit Services Association) for alleged systemic breach of their standards for fair and not misleading debt recovery letters;

- the CMA (Competition and Markets Authority) for alleged systemic breach of the Joint Code and therefore, the DMCC Act 2024;

All three complaints triggered by two things:

1. the 'misleading action' of using boilerplate POFA worded Particulars of Claim which (for ALL claims involving this client) blatantly lie to recipient Defendants about 'keeper liability' under a law that Smart Parking never used until this year. This misleading action has been repeated in tens of thousands of ancient, barrel scraping 2020-2022 Smart Parking court claims this year already

and

2. the misleading action of (if they still are...?) sending LBC demands on DCB Legal headed notepaper which carries the blue strap-line "Can't Pay? We'll Take it Away!" which is vexatious and wholly unreasonable for this law firm to use  (DCB Legal are not bailiffs). That appalling fly on the wall TV show features DCB Ltd not DCB Legal and only cases at a stage after obtaining judgment and HCEO writ. These Limited companies are two different legal entities and the LBC was sent at PRE action stage when there was no possibility of them - or any firm in DCB 'Group' - removing goods.

IMHO: These two points must be investigated as a possible breach of standards for a solicitor, surely?

I am serious about these 3 complaints. Only takes one of those agencies to start sniffing around!

xmountaindog

I’ll do that if it helps others. 

Headed paper didn’t have that slogan. 

Coupon-mad

It will help you and others. Could even see the claim cancelled and just your counterclaim in play.

If your LBC didn't carry the logo, replace point 2 in your case with an allegation that:

2. It is believed this is a champertous claim with the court fee funded and the case maintained by DCB Legal, seemingly without reference to their client. This is in breach of DVLA rules which require parking firms to remain the data controller; it doesn't look like they were even involved. There seems to have been no due diligence by DCB Legal because the parking charge was duplicated (exaggerated x 2) which frightened the prospective defendant into paying the ghost parking charge half of it at pre-action stage, despite admitting no liability. However, DCB Legal still issued the duplicate claim anyway, forcing the intimidated Defendant into defending in full and paying for a counterclaim to recover their monies. This must be a breach of standards.

xmountaindog

Update - I received the Directions questionnaire (small claims track) in the post. I presume I fill this in and post to the court as requested by the deadline given? Thank you. 

Coupon-mad

How to fill it in and who to email it to is covered in the first steps in the Template Defence thread.

To get this cancelled sooner I strongly suggest you do the online complaints above. Your two points should see one or other of the agencies investigating.

Also take a look at the new fightback campaign of posting and/or social media sharing of the 'Parking Charges' fake 'PCN'.

This is a new idea for a simple campaign to keep this matter current, to alert Martin Lewis and Watchdog, National press, the Financial Conduct Authority and Competition and Markets Authority, etc.

It's at the end of the thread in a reply yesterday:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

No deadline for sending those 'PCNs' out and about. Can be tweeted, no printing unless you want to send a few out.

And mainly - please do the public Consultation while it's open. The deadline for responses to the questions in the Government Survey has been extended. 

Ordinary people like you are falling victim to this scam 15 million times per annum so as many motorists as possible should add their voice and be heard.

CLOSES ON FRIDAY 26th SEPTEMBER.

Coupon-mad

xmountaindog said:

Update - I received the Directions questionnaire (small claims track) in the post. I presume I fill this in and post to the court as requested by the deadline given? Thank you. 

Just to add, if you counterclaimed (did you pay the fee for a CC or did you just defend?) then it no doubt says you send it to the local court, NOT to the CNBC.

xmountaindog

Defended in full. And Counterclaimed, and paid the court fee. On the paperwork says to return to the court which I will do.

I am in the process of writing to SRA. 

xmountaindog

Here is an update.
DCB Legal wrote back on behalf of Smart Parking Ltd attaching their defence for my counterclaim, which they deny all of. Allocated to the small claims track at my local county court.
Presume nothing else for me to do at this stage?