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Smart Parking DCB Legal Civil Court Claim

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  • Thank you all for the replies, will start working through the other threads to get the reply sorted
  • Coupon-mad
    Coupon-mad Posts: 153,856 Forumite
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    edited 2 September at 10:39PM
    kevmac25 said:
    Thank you all for the replies, will start working through the other threads to get the reply sorted
    The claim is doomed and they will discontinue anyway in early 2026.

    But first please do the government's Public Consultation (if not yet done - thanks if so) as that deadline is THIS Friday.

    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?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Coupon-mad
    Coupon-mad Posts: 153,856 Forumite
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    edited Today at 9:25AM
    Re the defence, you need some facts to respond to the allegation as your para 3, then this as para 4:

    4. Further, regarding the Particulars of Claim paragraph 4, research has proved that this Claimant has never used the POFA 2012 and has never been able to hold registered keepers liable. This is important because the solicitor signatory of the statement of truth on this claim is knowingly or negligently misleading the court by citing that law. Despite tens of thousands of boilerplate claims from DCB Legal causing inflated default CCJs this year - as they have reportedly filed a 'job lot' of template bulk claims for this Claimant, all repeating the untruth about the POFA 2012 - Smart Parking has no cause of action against any registered keeper.

    ... then renumber the Template Defence, so it ends up with 11 paragraphs.
    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
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