Another PCN from Smart Parking

lowryder

I have received a claim form with Issue Date of 28 October 2025 from Smart Parking with DCBLegal representing for an alleged PCN for failing to pay for the full duration of the parking period in 2020

I have submitted AoS on 14/11/2025.

I have also sent a SAR to Smart Parking Ltd and they said they could not find anything in their system. I have also sent them the exact PCN and they told me it is not a Smart Parking PCN.

Based on my calculations, 1st December is the deadline for submitting defence. Is this right?

For my defence, should I just use the template and defend this as the keeper and say that I have no details about the PCN in question and following a SAR I was told that there is nothing in my name and maybe append screenshots of the email conversation between me and them?

lowryder

I have wrote paragraph 3:

1. I am defending this claim as the registered keeper of the vehicle at the time of the alleged incident. The Particulars of Claim do not clearly state the breach and merely refer to a vague “late payment”, which is not a parking contravention. I have no recollection of any parking event from 12/09/2020, nor of receiving any notices at the time. To clarify matters, I submitted a Subject Access Request to Smart Parking’s Data Protection Officer, and on X/XX/XXXX I received confirmation that they hold no data whatsoever for XX/XX/2020 and no data at all relating to myself and the vehicle XXXX XXX.

Gr1pr

What is the issue date from the top right of the claim form   ?

Post a properly redacted picture of the POC from the lower left of the claim form below, no personal information 

Post a redacted picture of the pcn you sent them

Use the bespoke Smart Parking defence with 11 paragraphs as seen in numerous recent cases on here 

Not the basic 10 paragraphs defence,  but a bespoke 11 paragraph one

No blabbing about who was driving or about what happened 

lowryder

Issue date is 28 Oct 2025

Gr1pr

lowryder said:

Issue date is 28 Oct 2025

Then you did not receive it on the 28th, so post 1 is incorrect if it was issued on the 28th 

An issue date of 28th gives a 4pm deadline on Monday 1st December 

A defence is written in the 3rd person,  no I

lowryder

The Defendant defends this claim as the registered keeper of the vehicle at the time of the alleged incident. The Particulars of Claim fail to state any clear breach and merely refer to a vague “late payment”, which is not a parking contravention. The Defendant has no recollection of any parking event on XX/XX/XX, nor of receiving any notices at the time. To clarify matters, the Defendant submitted a Subject Access Request to Smart Parking’s Data Protection Officer, and on XX/XX/XXX received confirmation through email that Smart Parking holds no data whatsoever for XX/XX/XX, and no data at all relating to the Defendant and the vehicle XXXX XXX  

lowryder

3. The Defendant is unable to recall who was or was not driving on an unremarkable date and unspecified time over 5 years ago. To clarify matters, the Defendant submitted a Subject Access Request to Smart Parking’s Data Protection Officer, and on XX/XX/XXX received confirmation through email that Smart Parking holds no data whatsoever for XX/XX/XX, and no data at all relating to the Defendant and the vehicle XXXX XXX 
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 ‘late payment’ 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

Very good!

I might 'steal' and adapt that version for the newly created Smart Parking group thread here:

https://forums.moneysavingexpert.com/discussion/6642762/hm-court-tribunals-service-letter-on-ignored-pcn-smart-parking#latest

I am DESPERATE to stop all new Smart Parking threads drowning us here!

I'm glad we got you through this stage but we can't keep doing this on thread after thread when the claims & defences are all basically the same and every single case will be discontinued in 2026.

lowryder

I have forgot to submit the defence yesteday... *facepalm*. Do you know if it will be taken into account if I submit it today?

ChirpyChicken

Just log it on the portal now

Coupon-mad

lowryder said:

I have forgot to submit the defence yesteday... *facepalm*. Do you know if it will be taken into account if I submit it today?

Yes ... as long as they haven't already blocked you with a CCJ. Did you now do it? Eek!