Smart Parking refused landowner's request - court papers received three years later

Car1980

If it were me I would email DCB Legal and state:

• you were a patron of the church at an event, did not breach any contractual term of "unauthorised parking" and did not breach the clear signage stating "patrons of St Lukes Church only".

• the landowner instructed Smart Parking to cancel the tickets but they simply refused, in breach of their own contract with the landowner.

• 8 other patrons were mistakenly ticketed at the same event 

• you are intending to counterclaim for the sum of £100 for time spent working with the landowner in order to attempt to get their client to cancel the ticket as per the landowner's contract, and the landowner and other patrons will submit witness statements and attend the hearing in person

• that you are well aware that this is a historic mopping up exercise and that you know DCB Legal will simply discontinue

• that they have 7 days to withdraw the claim or else a counterclaim will be made AND it will be taken all the way to a hearing.

We saw someone try this the other week. They did actually counterclaim and DCB Legal refunded their £35 claim fee and slithered back under their rock.

Counterclaiming really messes with their business model. You have a lot of ammo in this case. The actual landowner and a group of church people turning up to a hearing as witnesses would frighten the Jebus out of them.

Smick100

Car1980 said:

If it were me I would email DCB Legal and state:

• you were a patron of the church at an event, did not breach any contractual term of "unauthorised parking" and did not breach the clear signage stating "patrons of St Lukes Church only".

• the landowner instructed Smart Parking to cancel the tickets but they simply refused, in breach of their own contract with the landowner.

• 8 other patrons were mistakenly ticketed at the same event 

• you are intending to counterclaim for the sum of £100 for time spent working with the landowner in order to attempt to get their client to cancel the ticket as per the landowner's contract, and the landowner and other patrons will submit witness statements and attend the hearing in person

• that you are well aware that this is a historic mopping up exercise and that you know DCB Legal will simply discontinue

• that they have 7 days to withdraw the claim or else a counterclaim will be made AND it will be taken all the way to a hearing.

We saw someone try this the other week. They did actually counterclaim and DCB Legal refunded their £35 claim fee and slithered back under their rock.

Counterclaiming really messes with their business model. You have a lot of ammo in this case. The actual landowner and a group of church people turning up to a hearing as witnesses would frighten the Jebus out of them.

I'm game for anything. Am I right in saying that I can do this and the worst that can happen to me is that it goes to court, I am liable for the amount they want at present, and if I pay it on time I will not have a CCJ registered against me?

I.e., as long as I don't ignore the court it can't get any worse than where I am at present?

kryten3000

Relax, it's Smart and DCB Legal.  They will discontinue any defended claim.  Just follow the process and you can't go wrong.  

Smick100

Car1980 said:

If it were me I would email DCB Legal and state:

• you were a patron of the church at an event, did not breach any contractual term of "unauthorised parking" and did not breach the clear signage stating "patrons of St Lukes Church only".

• the landowner instructed Smart Parking to cancel the tickets but they simply refused, in breach of their own contract with the landowner.

• 8 other patrons were mistakenly ticketed at the same event 

• you are intending to counterclaim for the sum of £100 for time spent working with the landowner in order to attempt to get their client to cancel the ticket as per the landowner's contract, and the landowner and other patrons will submit witness statements and attend the hearing in person

• that you are well aware that this is a historic mopping up exercise and that you know DCB Legal will simply discontinue

• that they have 7 days to withdraw the claim or else a counterclaim will be made AND it will be taken all the way to a hearing.

We saw someone try this the other week. They did actually counterclaim and DCB Legal refunded their £35 claim fee and slithered back under their rock.

Counterclaiming really messes with their business model. You have a lot of ammo in this case. The actual landowner and a group of church people turning up to a hearing as witnesses would frighten the Jebus out of them.

I wrote the following:

I am writing in relation to claim number X, submitted by David John Croot on behalf of your client Smart Parking Ltd.

Smart Parking Ltd allege that I am liable for a parking charge arising from my vehicle entering Saint Luke’s Church car park on 19th March 2022 in contravention of the signage on site.

A Smart Parking sign at the entrance to the property clearly states that the parking facilities are for patrons only. On the date in question, I was present at Saint Luke’s Church as a volunteer, and therefore fell within that category.

After receiving the initial parking invoice from Smart Parking, I contacted the management of Saint Luke’s Church, who confirmed that I had full permission to park on the premises. The church management contacted Smart Parking on two separate occasions to request that the invoice be cancelled on the grounds that I was authorised by the landowner. Both requests were refused.

At the same event, Smart Parking issued similar parking charges to five other volunteers, with the following reference numbers: 1,2,3,4,5,6

I phoned Smart Parking on the number provided on their invoice to discuss the matter but was informed they would not discuss it unless I made immediate payment, which I was not liable to do as I had permission from the landowner to park on the premises.

I have recently been in contact with  other affected volunteers (one of whom received two invoices) and with the church secretary, all of whom are prepared to support me in my defence and can attest to my authorised use of the car park. I am in the process of contacting the remaining volunteers.

I hold copies of email correspondence from the church secretary confirming that Smart Parking was twice asked to rescind these invoices but refused.

I have filed an Acknowledgement of Service and therefore have until 24th November 2025 to submit my defence. Unless this claim is withdrawn by 5th November 2025, it is my intention to proceed to a full hearing. I am assured of the support of Saint Luke’s Church management and the other volunteers, and I will also file a counterclaim for the unnecessary time and effort required to address this matter.

Yours faithfully,

ChirpyChicken

It will never reach a hearing 

Car1980

Yep, but as it's a "safer" case, and with the knowledge we know have about them refunding counterclaims, why not try to get it withdrawn now instead of doing the paperwork and bothering with a mediation phone call and waiting months?

Anyway, if the above was sent we might as well wait a week and see what happens.

I'm game for anything. Am I right in saying that I can do this and the worst that can happen to me is that it goes to court, I am liable for the amount they want at present, and if I pay it on time I will not have a CCJ registered against me?

Correct. 

Half_way

You could/should bring the church into this mess, telling/reminding them that they are jointly and severally liable for the actions f Smart parking on their site and as such they may be held liable, and possibly personally liable for all of your costs and expenses in dealing with this, as a direct result of them allowing an unregulated parking company to operate on their site

Smick100

Half_way said:

You could/should bring the church into this mess, telling/reminding them that they are jointly and severally liable for the actions f Smart parking on their site and as such they may be held liable, and possibly personally liable for all of your costs and expenses in dealing with this, as a direct result of them allowing an unregulated parking company to operate on their site

I gave them a call, the lady tried her best to be helpful and is horrified that I am going through this but she feels unable to do much more. 

The guy who organised the music for the event has done loads for me and promised to do whatever he can to support the appeal.

The parish itself hosts a food bank, lots of community events beside their religious programme, so I wouldn't want to come heavy with them in asking for money.

Smick100

Car1980 said:

Yep, but as it's a "safer" case, and with the knowledge we know have about them refunding counterclaims, why not try to get it withdrawn now instead of doing the paperwork and bothering with a mediation phone call and waiting months?

Anyway, if the above was sent we might as well wait a week and see what happens.

I'm game for anything. Am I right in saying that I can do this and the worst that can happen to me is that it goes to court, I am liable for the amount they want at present, and if I pay it on time I will not have a CCJ registered against me?

Correct. 

Yep, I sent it. 

As far as I am concerned, it can't get worse, only better. Financially. Either I pay up now and the money is lost. Or I go to court and the worst thing is the court find against me and I pay the same, but they have all the additional expenses. Or they get told to jog on by the judge.

Half_way

You could tell them they may be required/summoned to attend court as a witness 

Is this a major church  ie CofE ?