Defence for DCB Legal claim

ghandigul

Hi all,

Thank you to those people who have created the newbies thread information, I have so far followed that and have recently received the claim form from DCB Legal on behalf of Smart Parking. 
There are a few facts about my case that I want to mention as I'm not sure what to say in paragraph 3 of defence form.

• The parking is not managed by Smart Parking anymore as of at least a year ago.
• This parking is in the same building as my grandmother's flat and I've always parked there when I had to go there and help her out. She is 88 and has anxiety so cannot be left alone.
• I was being chased for 2 different occasions of parking here both from the same year, although I never received the original PCN from SmatParking and the first one I received was the one claiming for £170. I then requested for SAR and realised that both of the original PCNs were dated 4 weeks after the parking dates. They are now claiming for another one from earlier which was not on SAR.
• I contacted DCB Legal according to instructions and told them to stop harassing me, I did not mentioned anything about who the driver was, and obviously that did not work.

Particulars of Claim

1.⁠ ⁠The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) (PC) issued to vehicle … at ….

2.⁠ ⁠The dates of contravention are …

and the D was issued with PC(s) by the Claimant

3.⁠ ⁠The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Late Payment.

4.⁠ ⁠In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1.⁠ ⁠£170.00 being the total of the PC(s) and damages.

2.⁠ ⁠Interest at a rate of 8.00% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment.

3.⁠ ⁠Costs and court fees

This is my proposed paragraph 3, 3.1 and 4. I'm not sure if I should mention SAR because there are 2 other PCNs on it as I mentioned, but it certainly does not mention the date on the claim which I may had a contravention on that date but the fact that its not on SAR it means they withheld my information. I'd appreciate some help with reviewing.

3. Referring to the POC: paragraph 1 is denied. The Defendant is
not indebted to the Claimant. Paragraph 2 is denied. The Defendant
does not accept that a contravention occurred on ….., as
alleged. Whilst the Defendant was the registered keeper and

driver, paragraphs 3 and 4 are denied. The Defendant is not liable
and has seen no evidence of a breach of prominent terms. The
quantum is hugely exaggerated (no PCN can be £170 on private land)
and there were no damages incurred whatsoever.

3.1 The defendant had requested SAR from Smart Parking limited, upon receiving and reviewing it, there is not such contravention in your database. The Defendant has parked in this car

park many times while caring for her grandmother in the building this car park is located and has always purchased tickets through the online app.

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.

ghandigul

Thanks @Coupon-mad for your prompt response.

I will definitely do the Consultation survey. They have been harassing me for too long, and I have a family member who was scammed £1500 by these companies. We need to stop them.

Coupon-mad

We do indeed!

The government seems content to bend the knee to the rogue industry, so says the AA. 

https://www.theaa.com/about-us/newsroom/private-parking-consultation-2025

ghandigul

Hi all,

The process has been going on and the last update I have had from court is that my case is transferred to a specific court and this was on 27/2/2026. I have not had any letters about a court date after that, DCB Legal calls me several times every week, but I have always ignored. How long does it usually take for a date to be allocated? I am worried that I might miss it somehow, would an update be provided on MCOL if a date is given?

On another note, I have received another Claim Form from DCB Legal from Smart Parking about 2 other contraventions, this time for insufficient payment, there are several reasons for repeating to park there and missing the payments, but do you think that the fact that I have never received the NTK via post and only obtained them through SAR and realised both are about a month after the contravention date gives me a chance for fighting it in court?

Thanks

Gr1pr

It can take 3 to 6 months, so wait for the court letter

Irrelevant IMHO

Use the bespoke Smart Parking defence template by member meltof datedin 12th April in the group thread by member sluzz ( simple. )

Coupon-mad

"I have received another Claim Form from DCB Legal from Smart Parking about 2 other contraventions, this time for insufficient payment, I have several reasons for repeating to park there and missing the payments, but do you think that the fact that I have never received the NTK via post and only obtained them through SAR and realised both are about a month after the contravention date gives me a chance for fighting it in court?"

Dead easy!

Just click on the username @Meltof

Copy their version of a Smart Parking final defence posted on April 12th.

No changes. No added facts.

Don't copy & paste it here as we really don't want to keep being asked to check this defence in thread after thread in May, which is driving us regulars a bit mad with this current Smart Parking batch!

Literally read any Smart thread…

Then follow the 8 steps in the Template Defence thread. Easy peasy. It'll be discontinued just before the hearing fee falls due in the Autumn/Winter.

ghandigul

Hi all,

Thank you for your help and support so far, especially @Coupon-mad and @Gr1pr.
I am not a few days away from the hearing and I called the HMCTS line, they confirmed the Claimant(DCBLegal/Smart Parking limited) has not paid the court fee but also I have not received WS from them either. Do they generally post it or email it? Just concerned that if it was via post, it might have been lost or something. I called the line again and they said the hearing is still going ahead and I cannot directly speak to court unless it's 24 hours before the hearing.

Based on the letter about the hearing date, if the court fee is not paid the claim is struck out automatically and I am confused as why it hasn't happened yet. Any thoughts on what to do next?

Thanks

Gr1pr

Your court order has all the deadlines on it, including the hearing fee deadline date and the WS deadline, as well as the hearing date

Service is normally by email, so check your inbox and spam folders for their WS, but normally they dont send it because they send out their N279 discontinuation document, which you should be expecting and looking out for

If the N279 document has not been received, email your WS and ask them for a copy of the N279 discontinuation document by return

ghandigul

Thanks for your speedy comment @Gr1pr
Yes, they have not paid by the court fee deadline and I checked my email thoroughly, there is no sign of their WS and it's passed the deadline now. I have already sent my WS. Do I email DCBLegal or the court for a copy of N279 discontinuation?

Thanks

Coupon-mad

Surely you already cc'd them your WS? You had directions on the Hearing Order to send that & your evidence (exhibits) to the local court & DCB Legal this month (we don't mean your defence from months ago).

Email the published complaints email at DCB Legal - or info@dcblegal.co.uk - robustly saying that you will attend the hearing and have taken the day off for it. Tell them you'll claim over £100 in attendance and wasted costs if they fail to send over their Notice of Discontinuance this week, by return.

(Then screenshot the NoD when it comes; we need it for Umkomaas' DCB Legal thread!).