smart parking DCB legal defence - Para 3 quick check

baggiesingh

@Coupon-mad, @Le_Kirk
I have the usual claim form from smart legal for Overstayed Free time for an alleged contravention in Jan 2022.
Issue date 24th Oct
AoS submitted 5th Nov,
Have used the standard 11 paragraph defence (para 4 untruth statement etc) so wont post it all here and have constructed para3 from these threads.

https://forums.moneysavingexpert.com/discussion/6640055/claim-form-nov-2025-smart-parking-via-dcb-legal#latest

https://forums.moneysavingexpert.com/discussion/6640787/smart-parking-dcb-legal-defence

https://forums.moneysavingexpert.com/discussion/6637757/court-claim-form-received-how-to-respond/p2

Could you please check para 3 and advise, thanks (eg is it too much?):

Referring to the Particulars of Claim, paragraph 1 is denied. The Defendant is not indebted to the Claimant. Although the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has been provided with no evidence of any breach of clear or prominent terms. The Defendant denies the claim in its entirety. Given the passage of more than 3 and a half years and the lack of detail in the inadequate Particulars of Claim, it is impossible for the Defendant to provide a full response. Signage at the material time was unclear and insufficient. The claimed sum is grossly inflated, as no private parking charge can lawfully amount to £170, and no loss or damages were incurred  

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. The solicitor signatory of the statement of truth on this claim is knowingly or negligently misleading the court by citing that law. Because of the age of the claim and the lack of evidence produced by the Claimant the pleaded breach of ‘over free time’ is refuted. 

Accordingly, the Claimant is put to strict proof of: 

• the alleged breach; 

• the contractual terms purportedly relied upon 

• the identity of the driver; and 

• full compliance with Schedule 4 of the Protection of Freedoms Act 2012 (POFA) if the Claimant seeks to transfer liability to the keeper.

Coupon-mad

Good stuff! Job done. 

baggiesingh

Thanks @Coupon-mad, much appreciated 

Le_Kirk

With an issue date of 24/10/25 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 26/11/25

Yep, a standard Smart Parking defence.

baggiesingh

@Coupon-mad, @Le_Kirk
recievied the following email from DCB Legal on 16th Dec with their N180 attached. If I understand correctly, this can be ignored and I wait for my own directions questionnaire. Is that right?

'Good Morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.'

 

Gr1pr

Correct,  follow the 8 steps in the defence template thread in announcements 

baggiesingh

N180 emailed as per instructions to CNBC and cc'd DCB legal