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Smart Parking claim via DCB Legal? Group info thread

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Comments

  • Gr1pr
    Gr1pr Posts: 16,339
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    They normally discontinue just before the hearing fee is due, meaning that the hearing is vacated

    If it went all the way to a hearing, the defendant must attend, but a family member or friend can also attend , but cannot represent them alone , not unless legally qualified to act on their behalf ( advocate or solicitor etc. )

    Court proceedings are sent by post , not email, but DCB LEGAL use email, as can the defendant

    If you study a dozen cases in the discontinuations thread by Umkomaas you will see a clear pattern, including who does what

  • Coupon-mad
    Coupon-mad Posts: 166,023
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    There won't be a hearing. 100% discontinued.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi,

    Thank you for the template defence, I just had a quick question before submitting.
    I don’t feel I should use paragraph 3 where it states ‘the defendent is unable to recall who may have been driving on an unremarkable date…’. In my appeal I did acknowledge being the driver as it was key to my argument that the signage and method to pay were not clear. Should I still include part of paragraph 3 where it discusses the provisions of POFA as I’m not clear whether that applies.
    I also don’t intent to dispute all of it but at mediation, propose a more reasonable payment figure. Had I seen the signs, I would have paid at the time.

    Thanks in advance - really appreciate the assistance.

  • Coupon-mad
    Coupon-mad Posts: 166,023
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    edited 28 September at 6:00PM

    "I don’t feel I should use paragraph 3 where it states ‘the defendent is unable to recall who may have been driving on an unremarkable date…’. In my appeal I did acknowledge being the driver as it was key to my argument that the signage and method to pay were not clear."

    Agreed, so replace it with:

    The Defendant appealed on the basis that the signage and method to pay were not clear, and they did not see or agree to any parking charge term, as opposed to a fee.


    "Should I still include part of paragraph 3 where it discusses the provisions of POFA as I’m not clear whether that applies."

    It doesn't apply to your case. Remove it.



    "I also don’t intent to dispute all of it but at mediation, propose a more reasonable payment figure."

    Nonono! You MUST tick the box to 'defend in full' and proceed on the basis that you intend to defend ALL the claim.

    You need to start your own thread and tell us more about whether you paid a fee or didn't, and show us a signage pic.

    Not here. Start your own case thread please!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • GotMeAFine
    GotMeAFine Posts: 15
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    Thanks for the further info. We'll keep topside of the communications between us.

    To my surprise they've already called for a negotiation or whatever you want to call it. I couldn't help but be a bit argumentative tbh, as I simply don't like these people and their scummy practices.

    Anyhow, they wanted £250, I offered £2, we obviously got nowhere...

  • Gr1pr
    Gr1pr Posts: 16,339
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    Ignore them throughout, everything in writing, apart from the compulsory mediation stage telephone call

  • sdm1985
    sdm1985 Posts: 99
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    Hello, I can still use this same template today copy/paste for a Smart Parking defence response? Thank you! AOS done tonight too. Thank you.

  • sdm1985
    sdm1985 Posts: 99
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    I didn’t know that the defence needed adapting, I am guessing it does not really make any difference, as this will be 100% discontinued?

  • Gr1pr
    Gr1pr Posts: 16,339
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    The Template is still good for pre 2025 pcn claims, especially if the driver has not been revealed

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