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Smart Parking DCB Legal County Court Claim

Hello there,

I would really appreciate any help or guidance with my defence, especially regarding whether Smart Parking's NTK was POFA compliant.

I've received a County Court Claim from Smart Parking through DCB Legal Ltd for a parking PCN from over 4 years ago (£313.64).  (see image below)

My partner at the time advised me not to email or call Smart Parking and to ignore all DCBL debt collector letters.

I'm feeling pretty anxious now about potentially getting a CCJ, but I wasn't the driver, so I've decided to try to defend this claim rather than pay them if I still have enough time.

I followed the newbie guide and submitted my Acknowledgement of Service on 27/08/2025 via MCOL. 

I've also emailed the data protection officer at dpo@smartparking.com several times requesting all correspondence, evidence, and information about this parking charge, but they haven't replied at all. Does the lack of DPO response strengthen my position?


Thanks so much in advance for any advice.


H : )


Comments

  • Gr1pr
    Gr1pr Posts: 9,637 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 12 September at 12:47PM
    You can complain about the lack of the DPO response to the ICO, but it's probably not relevant at the moment 

    You had to attach proof of ID, like a copy of the V5c log book and copies of 2 redacted utility bills 

    They may well have replied by email and it went into your spam folder 

    Smart Parking never complied with POFA 2012 until this year, so definitely not 4 years ago , so no keeper liability 

    Issue date was 18th August,  AOS is done, so your deadline for submitting the defence on MCOL is 4pm on Monday 22nd September 

    Use any recent approved Smart Parking defence,  typically 11 or 12 paragraphs,  adjust to suit your POC details,  10 minute job,  you want the non Pofa2012 compliance,  untruth on the POC etc, like in this thread and links

    https://forums.moneysavingexpert.com/discussion/6628627/dcb-legal#latest

    You use the template defence adapted as above,  easy peasy once you have read a few similar Smart cases over the last 6 weeks 

    Add but not the driver to the end of your draft paragraph 2

    Follow the 8 steps 

    You definitely wont get a CCJ if you follow our advice,  DO NOT PAY   !
  • Thank you so much @Gr1pr for your help 🙏

    Ill prepare my defence  over the weekend 
  • Coupon-mad
    Coupon-mad Posts: 154,321 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 September at 11:37PM
    Thank you so much @Gr1pr for your help 🙏

    Ill prepare my defence  over the weekend 
    You want to add the same para 4 as seen in all Smart Parking defences.

    There are a dozen recent Smart ones linked on page 14 of the Public Consultation thread linked below:

    FIGHTBACK ALERT:

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

    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
  • Hi @Gr1pr &  @Coupon-mad 

    Is this fine for the above claim?



    2. The allegation(s) and heads of cost are vague, and liability is denied for the sum claimed, or at all. At the very least, interest should be disallowed; the delay in bringing proceedings lies with the Claimant. This also makes retrieving material documents/evidence difficult, which is highly prejudicial. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant has little recollection of events, save as set out below and admits that they were the registered keeper. The Defendant believes the Notice To Keeper was not compliant with the Protection of Freedoms Act 2012 (POFA)

    3. Due to this alleged breach taking place over fifty months ago, the Claimant cannot recall if they were driving the vehicle at the time.

    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

  • Coupon-mad
    Coupon-mad Posts: 154,321 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited Today at 12:12AM
    Yes very good. Easy, innit? Except you told us you weren't driving. If that is true you should be less vague and say so on para 2.

    Do join us and get your revenge for this intimidating farce of a claim by then doing the Public Consultation in the next 10 days / by the deadline!


    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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