SMART PARKING, DCB LEGAL court claim 2025

Gr1pr

If you cannot recall the event,  then you genuinely cannot state who was driving,  so paragraph 2 ends in keeper,  same as in the defence template,  leaving the question of who was driving unanswered 

Paragraph 3 rebuts the actual breach identified in the POC, same as in dozens of other recent similar cases,  so read a few of them, perhaps read a dozen 

The claim wont get thrown out 

But it's more likely to be discontinued just before the hearing fee deadline date where they must pay or lose, so study the process as experience by almost 700 in the discontinuations thread by Umkomaas 

You will DEFINITELY need someone checking your post weekly 

When you fill in the N180 in a couple of months time,  you need to inform them of the periods you are unavailable,  ensuring that your local court delay until you are back home 

webbyk

Gr1pr said:

If you cannot recall the event,  then you genuinely cannot state who was driving,  so paragraph 2 ends in keeper,  same as in the defence template,  leaving the question of who was driving unanswered 

Paragraph 3 rebuts the actual breach identified in the POC, same as in dozens of other recent similar cases,  so read a few of them, perhaps read a dozen 

The claim wont get thrown out 

But it's more likely to be discontinued just before the hearing fee deadline date where they must pay or lose, so study the process as experience by almost 700 in the discontinuations thread by Umkomaas 

You will DEFINITELY need someone checking your post weekly 

When you fill in the N180 in a couple of months time,  you need to inform them of the periods you are unavailable,  ensuring that your local court delay until you are back home 

Could you please let me know if you'd add/remove anything from my defence for paragraphs 2 and 3? I'll get it sent off as soon as possible to start the process.

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 has limited recollection of events that occurred approximately five years ago, save as set out below, and admits only to being the registered keeper of the vehicle in question. The Defendant believes that the Notice to Keeper was not compliant with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”).

3. Given the significant passage of time, the Defendant does not recall being the driver at the stated location and therefore cannot confirm whether adequate signage was present to indicate any limited period of free parking, nor recall how busy the car park was at the time of entry or exit, which may have contributed to any alleged overstay.

At the material time, the Defendant was serving in the military and did not have a fixed address. The Defendant did not receive any correspondence until October 2025, which appeared to be the first notification of the alleged debt. The Defendant initially believed the correspondence to be a hoax, as they no longer owned the vehicle and the claim related to an incident from 2020.

Gr1pr

Study this recent case and decide if your adapted paragraphs need adapting, or plagiarise and use theirs

Your paragraph 2 should be one concise paragraph,  not spread over 2 paragraphs

Ditto with paragraph 3

There should also be the untruth paragraph and possibly a paragraph rebutting the numbered POC,  if its Smart Parking,  and please edit your thread title to something more suitable like 

SMART PARKING,  DCB LEGAL court claim 2025

webbyk

Gr1pr said:

Study this recent case and decide if your adapted paragraphs need adapting, or plagiarise and use theirs

Your paragraph 2 should be one concise paragraph,  not soread over 2 paragraphs

Ditto with paragraph 3

There should also be the untruth paragraph and possibly a paragraph rebutting the numbered POC,  if its Smart Parking,  and please edit your thread title to something more suitable like 

SMART PARKING,  DCB LEGAL court claim 2025

Which recent case? The one you posted a link to previously?
"There should also be the untruth paragraph and possibly a paragraph rebutting the numbered POC"
Is this not already referenced in the 11 paragraphs that i will send with my amended ones?

Coupon-mad

webbyk said:

Gr1pr said:

Study this recent case and decide if your adapted paragraphs need adapting, or plagiarise and use theirs

Your paragraph 2 should be one concise paragraph,  not soread over 2 paragraphs

Ditto with paragraph 3

There should also be the untruth paragraph and possibly a paragraph rebutting the numbered POC,  if its Smart Parking,  and please edit your thread title to something more suitable like 

SMART PARKING,  DCB LEGAL court claim 2025

Which recent case? The one you posted a link to previously?
"There should also be the untruth paragraph and possibly a paragraph rebutting the numbered POC"
Is this not already referenced in the 11 paragraphs that i will send with my amended ones?

I don't why you don't just do this:

 https://forums.moneysavingexpert.com/discussion/comment/81731580#Comment_81731580

There are hundreds of Smart Parking defences here. I literally post this every day. Copy one.

webbyk

Update. I'm away travelling now and due back in July. My friend took my mediation call for me a couple of weeks ago and claiment were a no show. I thought this would be the end.

I've had someone check my mail and received a general form of judgement or order to send copy of evidence by 4pm 27th April. Is it my defence I sent them that gets forwarded as evidence?

At the bottom of the letter it states checking if I can issue claim online. Can you send evidence online like on MCOL?

With them not turning up to mediation should this get thrown out prior and can I get someone attend court for me like mediation of it gets this far. I'm as far away from home as can be in Australia and new Zealand the coming months.

Thanks for all your assistance so far.

Gr1pr

After mediation MCOL pass the whole case and paperwork to the civil court that you nominated in your N180 DQ document, MCOL have no involvement whatsoever once they pass it onto the court

The local civil Court write to your address with a court order giving 3 deadlines, the hearing fee date deadline, the pencilled in hearing date itself, and the deadline for both sides to file a Witness Statement plus Exhibits to that court nothing to do with MCOL, and no you dont send your defence to MCOL either, but you can use email to submit your WS bundle to both parties involved, you appear to have 1 week left until that WS deadline

You need to study and understand post 2 in the newbies sticky thread in announcements near the top of the forum, because you have more work to do, like reading the court order properly and understanding the process and responsibilities for the warring sides

Nobody can attend court on your behalf, apart from a legally qualified representative, such as a solicitor or advocate

Coupon-mad

Have you got a hearing date on that Order?

Have you told the local court the dates you are away?

webbyk

So far I've received a notice of transfer of proceedings and a general form of judgement stating evidence should be sent by 27th April. When I filled out the N180 I confirmed the date is would be away so hoping they will honour that.

webbyk

I've been re reading post 2 trying to figure out what to put into the witness statement and send off before the 27th. It says evidence is normally requested 2 weeks before hearing. Should I email court stating unavailable dates again?

With the claim being from 2020 and me not ever living in the area or recalling visiting the car park in question I have no idea what signage would have been like or how I can start collecting evidence on this from so long ago.

The term breached was overstayed free time but again it doesn't state the free time or how long I was actually over.

So I should start building a witness statement and I am relying on no keeper liability so will include the URL.

I've not received the claimants WS. Was hoping to view this first.