Smart Parking - DCBL - Pay within 30 days or legal claim

ozmusafir

I received a letter from DCB Legal demanding payment of £170 within 30 days or else a claim form will be issued. This is relation to a Smart Parking PCN issued in 2023. The PCN pertains to a lease vehicle that I no longer possess and relates to an alleged parking contravention at the Fiveways Car Park, Birmingham.

For the record, I formally disputed this PCN at the time and provided clear evidence that I had paid for a 24-hour parking session via the RingGo app. Smart Parking failed to acknowledge or respond to my appeal and subsequently claimed that my appeal had not been submitted within the required time frame. This assertion is incorrect. I followed their stated appeal process properly and within the prescribed period.

To reiterate the relevant details:

Date and time of alleged contravention: 29 July 2023, 11:44. 

Parking session paid via RingGo: 28 July 2023, 15:36 PM – 29 July 2023, 15:36 PM (24-hour duration)

I distinctly recall exiting the car park on the morning of 29 July 2023 and re-entering before lunchtime. There was no signage at the site indicating that multiple entries and exits within the paid period were prohibited.

It is concerning that this matter has resurfaced after such a lengthy period, particularly given that the vehicle in question is no longer in my possession and that Smart Parking mishandled the original appeal.

DCB has been chasing me since 2023 for payment but based on advice, I just been ignoring them. Furthermore, all correspondence from DCB has consistently misspelled my first name, which raises questions about the accuracy of the data being used.

I now seek guidance on the appropriate next step, specifically, whether I should respond directly to DCB Legal with evidence and a formal request for the discontinuation of proceedings, or whether it is preferable to await the issuance of a claim form. 

Gr1pr

Study post 2 in the newbies sticky thread in announcements near the top of the forum,  4th thread down

Email dcblegal using the info@ email address,  with the LoC response template,  confirming the correct name and address for the service of papers,  emphasise the previous data error and they MUST ERASE the data error and replace it with your correct details 

Dcbl are no longer involved so ignore them 

Email a Data Rectification Notice to Smart Parking,  to the DPO on their privacy page,  again highlighting the error and they must rectify the error ASAP 

Get your V5c log book out and check that the name and address are correct,  checking the other details whilst you have it to hand, sort out any typos or errors with the DVLA if required 

Then wait for the inevitable N1SDT court claim pack from the CNBC in Northampton using MCOL to arrive in the post in the next few months 

Coupon-mad

ozmusafir said:

I received a letter from DCB Legal demanding payment of £170 within 30 days or else a claim form will be issued. This is relation to a Smart Parking PCN issued in 2023. The PCN pertains to a lease vehicle that I no longer possess and relates to an alleged parking contravention at the Fiveways Car Park, Birmingham.

For the record, I formally disputed this PCN at the time and provided clear evidence that I had paid for a 24-hour parking session via the RingGo app. Smart Parking failed to acknowledge or respond to my appeal and subsequently claimed that my appeal had not been submitted within the required time frame. This assertion is incorrect. I followed their stated appeal process properly and within the prescribed period.

To reiterate the relevant details:

Date and time of alleged contravention: 29 July 2023, 11:44. 

Parking session paid via RingGo: 28 July 2023, 15:36 PM – 29 July 2023, 15:36 PM (24-hour duration)

I distinctly recall exiting the car park on the morning of 29 July 2023 and re-entering before lunchtime. There was no signage at the site indicating that multiple entries and exits within the paid period were prohibited.

It is concerning that this matter has resurfaced after such a lengthy period, particularly given that the vehicle in question is no longer in my possession and that Smart Parking mishandled the original appeal.

DCB has been chasing me since 2023 for payment but based on advice, I just been ignoring them. Furthermore, all correspondence from DCB has consistently misspelled my first name, which raises questions about the accuracy of the data being used.

I now seek guidance on the appropriate next step, specifically, whether I should respond directly to DCB Legal with evidence and a formal request for the discontinuation of proceedings, or whether it is preferable to await the issuance of a claim form. 

Why not just read any of the 30 or more Smart Parking DCB Legal claim threads that I have collated as links on page 14 of the Public Consultation thread?

This is nothing new or different. You could literally copy another defence, it's so generic. DCB Legal will discontinue in 2026.

Car1980

DCB Legal know nothing of the cases they're given. You're just a line on a spreadsheet.

If there really is absolutely no reason for the charge, I would tell DCB Legal (on receipt of a a Letter Before Action from them). In this instance, you have appealed and received no response, and threaten to counterclaim for a token £19 (the litigant in person rate prior to Oct 1st) to cover the hour spent wasted appealing for a ridiculous charge despite you paying the correct amount via RingGo. Tell them you know full well they'll discontinue and will make the counterclaim to force this to go to a hearing.

Counterclaims ruin their business model. 

See what happens. In my experience you won't receive a response and no court claim will occur.