Smart Parking DCB Legal County Court Claim

Coupon-mad

I am a coupon lady! 

Glad you are doing this vital survey. I've put the details here to make it easier and more prominent as a reminder, rather than buried back on page 1 of your thread:

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.

HateSmartParking

Thank you!! @Gr1pr  
Ok, para 2 amended, Old para 3 removed, and para 4 moved up as new para 3. (Sounds like a Rap song )

How's thsi!!

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 admits being the registered keeper of the vehicle but was not the driver of the vehicle on 13 July 2021, the date on which the Parking Charge was issued. The Defendant further contends that the Notice To Keeper was not compliant with the Protection of Freedoms Act 2012 (POFA).

3. 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.

HateSmartParking

Oops, a socially-conditioned gender assumption—Sorry Coupon-lady 

Coupon-mad

Defence looks good now. They'll discontinue in 2026 anyway.

Only ten days or do to do the Government survey! It takes a few hours, just so you know. Hence the guidance to try to help. 

HateSmartParking

Thank you  @Coupon-mad & @Gr1pr

Surely I still need to defend the claim regardless of you mentioning that they will discontinue in 2026?

I'll submit it tomorrow, but just want to double check if you need to see all the other paragraphs first?

I'll be using the latest defense template in the newbie section and just inserting my paragraph 2 & 3.

Best wishes to you both  🙏

H : )

Coupon-mad

Surely I still need to defend the claim regardless of you mentioning that they will discontinue in 2026?

Of course. I never said otherwise!  They won't discontinue if you fail to defend. They'll give you a CCJ. Nononono.

It's you robustly defending the case that leads to the discontinuance in the end. You aren't their type of defendant. They are seeking victims who are suckered by it and pay or ignore it.

Please don't show us the Template (thanks!). As you'd expect, I don't need to check my own homework.

A Public Consultation response from posters (to drown out the parking industry's replies to the government) is all we ask in return.

  

HateSmartParking

Thank you for all your help!!     

All submitted..

Gr1pr

It will bring you the 8 steps in the defence template thread in announcements,  please study them 

Also, while it's quiet,  please fill in the current government public survey consultation before the deadline next week,  thank you  ( if you have not done so already   )