Smart Parking claim via DCB Legal? Group info thread

Austinhead

So the statement is just an example then?

What does unremarkable date mean?:

The Defendant is unable to recall who may have been driving on an unremarkable date and unspecified time

There is a date on the POC but not a time.

Gr1pr

Obviously the facts stated in your POC and claim form must match the defence, not every pcn is £100 but most added debt recovery charges are the figure of £70 on top of the pcn charge, ( older cases were £60. ) so a maximum amount of £170 in newer cases, clearly the meltof pcn was lower at £75 , not the more usual £100

As the defence template is written for you, you have very little work to do other than checking key facts like that amount they put on the claim form

It means what it says, if the date they mention doesn't ring any bells with a defendant then its unremarkable, I certainly cannot remember what I did on that date, or even this time last year !

The original pcn had dates and also times on it

Austinhead

Maybe i'm being too honest then, because I do remember, I was parked in that pub carpark but the signage and method to register the car was not obvious, I didn't see it anywhere, and I clearly wasn't the only person because they stopped using smart parking and allowed free unregistered parking again, as they had so many complaints.

Gr1pr

Then use the wording in the template for your defence and save the recollection stories for any possible future Witness Statement, because you may have to provide a WS in several months time, but they are more likely to discontinue before the hearing fee deadline for payment, negating the need for a WS

Ensure that the sum in your defence matches the pcn plus debt recovery figure added together

Coupon-mad

Don't overthink the wording. None of it matters because you just defend and later they will discontinue.

sdm1985

https://forums.moneysavingexpert.com/discussion/comment/81959679#Comment_81959679

Used today for a Smart Parking defence. Thank you. 😀

z98

Is this the defence vwryones referring to. Do i copy paste to defence everything exact including the end (r27..... sorry for being a pain and thanks for the help.

Gr1pr

Correct, all 11 paragraphs, including4.1 too , copy , paste, save, submit

woowaah

Another one in this boat. I have a couple of points but can you advise do I save this for WS or add to defence?

1 - I do not recognise Smart Parking LTD - My original PC was issued by NE Parking. I never received any Notice of Assignment stating that my debt had been transferred. This should happen regardless of if it is a parent company / subsidiarity situation.

2 - Appealed original PC via email and received automated confirmation reply. I never received any further correspondence until this went to debt collection. I challenged based of no response to appeal and NE Parking replied claiming to have never had any correspondence from me, after me then sending screenshot proof they emailed a letter that they supposedly posted me. But no proof of postage.

3 - The above prevented my right to a supposed independent appeal process.

4 - Photograph time stamps are 28 seconds apart, I received 28 seconds consideration time and grace.

Any help greatly appreciated.

woowaah

To add (cant edit)
Original NTK / PCN had date and time stamps blank in the info boxes.

N1SDT issued 20 May, just submitted my AOS today