Defending Claim - Smart Parking Ltd and DCB Legal Ltd

juddtrump

Hi All,

In 2021 I used a Smart Parking car park and didn't get a ticket. My gym has an agreement with the car park and there is a free ticket machine inside the gym. On one particular day I forgot to get a ticket from inside the gym. I duly received a PCN between 2 and 3 weeks later.

I (with hindsight - foolishly) responded to the initial PCN by writing a letter to Smart, explaining that I had made an honest mistake that particular day. I sent proof of ~60 other free tickets that I had got from the gym and explained that I'd had a lot on my mind and forgot that one time. It was at ~6.30am and the car park was completely empty so I wasn't inconveniencing anyone. I hoped that they could see it was a reasonable and honest mistake.

Surprise surprise, they showed no empathy and upheld their fine.

I never sent them any more correspondance. At first there was a steady stream of not-at-all threatening 'solicitors' letters. Followed by a break of 2 - 3 years. Only to be taken back up again recently. The culmination of their recent barrage has been a court claim against me.

The PoC of the claim are:
1.    The Defendant (D) is indebted to the Claimant (C) for a Parking Charge (PC) issued to vehicle X at Y
2.    The date of contravention is Z
and the D was issued with a PC by the Claimant
1.    The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Insufficient Paid Time.
2.    In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.
AND THE CLAIMANT CLAIMS
1.    £170.00 being the total of the PC and damages.
2.    Interest at a rate of 8.00% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment.
3.    Costs and court fees

Do you think I've got a reasonable chance at defending it, especially given that I admitted being the driver? I wish I had known about this forum when it first happened and NOT written the letter to Smart. 

Let me know if I've missed out any useful details. 

Gr1pr

Follow the advice in post 2 in the newbies sticky thread in announcements near the top of the forum by coupon mad and adapt the 10 paragraph defence template into the typical Smart Parking defences like this one below 

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

They will eventually discontinue sometime next year 

1505grandad

"I (with hindsight - foolishly) responded to the initial PCN by writing a letter to Smart, explaining that I had made an honest mistake that particular day. I sent proof of ~60 other free tickets that I had got from the gym and explained that I'd had a lot on my mind and forgot that one time. It was at ~6.30am and the car park was completely empty so I wasn't inconveniencing anyone."

Presumably as you seem to have outed that RK is driver para 4 of linked template is not relevant.

Coupon-mad

Oops ... and ouch ... rookie error. If you'd come here at the time if the PCN, you'd have won the appeal with a single email!

Never mind. Get on board with us now.

So just use the usual template defence without the extra Smart Parking para 4. You'll have the usual ten paragraphs not 11.

juddtrump

@all Thank you for your advice!

I am struggling with paragraph 3 because in essence I did it - I parked in their car park and didn't get a ticket - and then I admitted to them in my appeal that I did it, however this doesn't seem like it makes for a very good defence.

My objection, and the reason that I haven't paid their 'fine', is that it was an honest mistake. On that particular day I forgot to generate a free ticket inside the gym. I have proof that I was in the gym that day and I have 34 free tickets (still - I've kept them) for days and days before and after my 'infraction', but I don't seem to have got a free ticket on the day in question. 

I've had a bit of a look around on this forum and the 'unreasonable estimate of losses' argument doesn't sound like it holds much weight any more so I'm not sure what to write to be honest! Can you recommend anything? 

My main grievance is that their 'fine' feels akin to me pursuing someone in the courts for £200 for turning their car round on my drive. In that instance, the person DID turn round on my drive, but it didn't inconvenience me to the tune of £200. At 6:30am their car park is completely and utterly empty (indeed I took photos shortly after my 'infraction' at that time in the morning and the place is utterly deserted), my mistake has not cost them any resources and I explained this in my appeal. 

Coupon-mad

But you aren't drafting anything at all. You are copying. As I said:

"just use the usual template defence without the extra Smart Parking para 4. You'll have the usual ten paragraphs not 11."

Therefore just read & copy another Smart Parking defence but drop the extra para 4.

We won't link another one. There are HUNDREDS! Just browse the forum.

juddtrump

The instructions for para 3 had thrown me a bit:

 Add BRIEF details as para 3, e.g.

- if you didn't get any letters or it was years ago & you can't recall if you were driving, say that. ONLY IF TRUE

- you appealed and they refused it?

- the machines or app weren't working?

- was it a double dip ANPR error?

- or a keying error, were you staff/lived there with a right to park?

- saw no signs because they were sparsely placed or it was dark?

- was the driver disabled, elderly or pregnant and needed more time?

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I'll find someone else's para 3 and make sure not to copy any irrelevant specifics.

Thanks for your help

Coupon-mad

But Smart Parking claims are all the same.

I got so completely fed up with these threads last month that I suggested a "Smart Parking defence group thread" to stop people posting new cases. We don't have one yet so you just need to copy one. Don't show us, spare us!