DCB Legal - Letter of Claim o/b/o Smart Parking - what to do?

Coupon-mad

No there is a more recent & bespoke Smart Parking defence group thread.

OrpMoench

Can I ask these 2 defence points are reviewed please 🙏

2. The allegation(s) are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieval of material evidence difficult, which is highly prejudicial. The Defendant has little knowledge of events, save as set out below and admits only to being the registered keeper. The Defendant did not receive any Parking Charge Notice (“PCN”) or Notice to Keeper and was therefore denied any opportunity to understand, appeal or resolve the matter at the material time, including any option to pay a reduced charge. The Claimant has provided no substantive evidence beyond two unverified images, which do not adequately establish location, duration, or breach.

3. The claim is denied due to the Claimant’s failure to comply with statutory and procedural requirements. The Particulars of Claim are vague and fail to properly plead a cause of action, including whether the Defendant is pursued as driver or keeper. The Claimant has failed to demonstrate that a valid Notice to Keeper was properly served in accordance with Schedule 4 of the Protection of Freedoms Act 2012, and therefore no keeper liability can arise. Further, no sufficient evidence of any contractual breach or landowner authority has been provided. The matter was escalated directly to debt recovery without prior notice, which is unreasonable and prejudicial.

Coupon-mad

Yes you could use that but why not just copy the bespoke Smart Parking defence in the group thread? Doesn't need changing.

OrpMoench

Thanks so much for reviewing.
Thought I was taking your advice by writing my own specific point 2 & 3 though?! I needn't have bothered? :)
Would you possibly link me to the 2&3 one you are saying are copy & paste

Coupon-mad

I can't because that would involve me searching the forum for the Smart defence group thread! That's for you to search for!

Gr1pr

Nb You cannot use quotes or arrows on MCOL, Not allowed, such as

" " < >

OrpMoench

Thanks.

I won't, I have now located the thread Coupon-mad was referring to, (had been looking at others before this) but had also missed that that thread has now superseded the main explanation threads.

I will go with the generic and save my own detail for the witness statement.