We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

smart parking DCB legal ltd

Hi people is there anybody who could advise me on a the process im in a lot of physical and mental pain and my concentration is very limited.

so far I have submitted the aos within the 14day time frame and now working within the 28 day window before a CCJ would have been issued against a parking fine from 2022 which I have had no other notifications on until a letter from for 300.60 for apparently having insufficient paid time.

The letter is from Civil national business centre its an official document from the county court.

ive read some posts but im struggling to process and get to the next stage within the 28 day window.

here's a letter AI created if anybody could suggest its suitability id be most grateful County Court Business Centre – Defence

Claim Number: [Insert Claim Number]
Between: Smart Parking Ltd (Claimant)
and [Full Name of Defendant] (Defendant)

Defence

1. The Defendant denies liability for the entirety of the claim.

2. The Defendant has no recollection of the day in question and no evidence has been provided by the Claimant to clearly establish the alleged contravention.

3. The Defendant neither admits nor denies being the driver and puts the Claimant to strict proof. The Claimant must demonstrate compliance with the Protection of Freedoms Act 2012 (POFA) Schedule 4 if they wish to hold the registered keeper liable.

4. The Claimant is put to strict proof of the following:
   - Reliability and accuracy of the ANPR system, including entry and exit timestamps.
   - Full unredacted payment machine records for the date of the alleged contravention.
   - Evidence that signage at the car park was clear, prominent, and capable of forming a legally binding contract.

5. The Defendant avers that the Claimant’s Particulars of Claim are sparse, vague, and fail to disclose a cause of action with clarity.

6. The sum claimed includes an additional “debt recovery” or similar fee. Such costs are an abuse of process, have not been incurred, and are unrecoverable under case law (e.g., ParkingEye Ltd v Beavis [2015] UKSC 67).

7. For the above reasons, the Defendant requests that the claim be dismissed in its entirety.

Statement of Truth
I believe that the facts stated in this defence are true.

Signed: ___________________________
Dated: ___________________________


thanks once again 

Comments

  • Gr1pr
    Gr1pr Posts: 10,361 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    edited 29 August at 5:08PM
    Totally out of date and incorrect,  especially the statement of truth that was retired several years ago 

    Read a few recent Smart Parking DCB Legal cases over the last 3 weeks only, on here,  that are using the template defence by coupon mad in announcements near the top of the forum,  you are adapting paragraphs 2 & 3 only 

    Post the Issue date and AOS date below
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 August at 10:52PM
    Hi people is there anybody who could advise me on a the process im in a lot of physical and mental pain and my concentration is very limited.

    so far I have submitted the aos within the 14day time frame and now working within the 28 day window before a CCJ would have been issued against a parking fine from 2022 which I have had no other notifications on until a letter from for 300.60 for apparently having insufficient paid time.

    The letter is from Civil national business centre its an official document from the county court.

    ive read some posts but im struggling to process and get to the next stage within the 28 day window.

    here's a letter AI created if anybody could suggest its suitability id be most grateful County Court Business Centre – Defence

    Claim Number: [Insert Claim Number]
    Between: Smart Parking Ltd (Claimant)
    and [Full Name of Defendant] (Defendant)

    Defence

    1. The Defendant denies liability for the entirety of the claim.

    2. The Defendant has no recollection of the day in question and no evidence has been provided by the Claimant to clearly establish the alleged contravention.

    3. The Defendant neither admits nor denies being the driver and puts the Claimant to strict proof. The Claimant must demonstrate compliance with the Protection of Freedoms Act 2012 (POFA) Schedule 4 if they wish to hold the registered keeper liable.

    4. The Claimant is put to strict proof of the following:
       - Reliability and accuracy of the ANPR system, including entry and exit timestamps.
       - Full unredacted payment machine records for the date of the alleged contravention.
       - Evidence that signage at the car park was clear, prominent, and capable of forming a legally binding contract.

    5. The Defendant avers that the Claimant’s Particulars of Claim are sparse, vague, and fail to disclose a cause of action with clarity.

    6. The sum claimed includes an additional “debt recovery” or similar fee. Such costs are an abuse of process, have not been incurred, and are unrecoverable under case law (e.g., ParkingEye Ltd v Beavis [2015] UKSC 67).

    7. For the above reasons, the Defendant requests that the claim be dismissed in its entirety.

    Statement of Truth
    I believe that the facts stated in this defence are true.
    Absolutely not AI. That us awful. It hasn't got any facts or proper arguments and the statement of truth is 5 years out of date!

    Use the Template Defence.

    Even easier, just copy any other Smart Parking defence near yours on the forum pages one or two, right now.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi thanks for the reply my health deteriorated further after resulting in surgery and a stay in hospital>

    ive come back to CCJ as I responded to the original claim letter within the 14 day window but as the defence box was left blank only ticked as I didn't give reasons for disputing I sent off the letter so it was opening the process and was to then add reasons response from information on the thread 

    well ive returned from hospital today to find they have entered a judgement 

    I don't want my friends credit score being effected with this judgment and only have 5 days from original demand date if I pay within this her recored is clear ?

    Any help here is appreciated im really seeing from this experience how the law is used against us for gain 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 September at 5:18PM
    Her credit record is clear if she pays in full within a calendar month.

    I am so sorry this has happened.

    Please do the public consultation if you can: FIGHTBACK ALERT:

    Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline next week.

    See this thread:

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

    We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

    I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

    Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

    CLOSES ON FRIDAY 26th SEPTEMBER.



    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.2K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.