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 2022, 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 2020 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 BG66UGR at 333 Bath Road

Hounslow TW3 3DH.

2.⁠ ⁠The dates of contravention are 24/10/2020

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 24/10/2020, 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.

Coupon-mad

Remove 3.1. That sounds like the D was driving and that para doesn't add anything.

Very good that you found the extra para 4. Re-number the template to be 11 paragraphs, then submit it.

You'll never pay because DCB Legal will discontinue before the hearing next year.

There are over a dozen current/new Smart Parking claim threads linked on page 14 of this thread if you fancy bookmarking cases just like yours to see how they progress:

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

But I am linking that for another pressing reason!

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

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.

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