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