DCB legal taking me to court

thepadre

Advice and the benefit of experience needed please .. Here's my anonymised history of a dispute with Smart Parking. 
August 2021 parked overnight in a hotel car park. Website and external notices all said parking was free for customers if you entered your VRN in a terminal at reception.  My firm recollection is that I did this, and there was no apparent fault or failure which would have made me seek help from the reception staff, or given me any reason to take a photo of the process- so of course I cannot PROVE what I did.  But I was familiar with this sort of set-up and in my view it is very unlikely that I would have forgotten  to enter the number.  ( I have a booking acknowledgment e-mail from the hotel to prove I was their customer that night). 
September 2021 received PCN from  SmartParking Ltd with photos of my car demanding £100, or £60 if paid before end of month. 
Late Sept 21 e-mailed hotel off their website telling them what had happened, suggesting that there must have been a fault in the device and asking them to sort it out with the parking company. No response whatsoever. 
Later September, filed appeal on SP's website pro-forma.  (unfortunately I have not retained a copy of this, but it would have made the same points about the device)
Late Oct 21 received SP's letter rejecting the appeal on the grounds thart they had not received any "correspondence" from the hotel about exempting my vehicle. They advised I was entitled to appeal further via POPLA but foolishly I did not do this, as in my ignorance I assumed it was "just another industry body" which would get me no further than the internal appeal. 
Nov 2021, "pay now" notice received from Debt Recovery Plus, demanding £170. 
Dec 21, identical notice received. E-mailed back to DR+, setting out my reasons to dispute liability. and asserting I had no intention of paying. (Copy of this retained). 
Jan/Feb 22 further "pre-legal warning" notices received from DR+
April 22, "unpaid debt reminder notice" received from CST Law. I was ignoring all of these as I had explained my position and was expecting that at some point, the automated sending-out of notices and threats would cease and the disputed claim would be quietly dropped. 
July 2022, "letter before claim" from CST Law, Nothing more heard until.......
May 2025, "notice of debt recovery" from DCBL, bailiffs. Ignored. Two more like this in June and August.
Late August 2025 "letter of claim " from DCB Legal. Ignored.
Nov 25 received Claim Form from HM Courts and Tribunal Service, Civil National Business Centre.  Total claim now £314.72. 
Mid-Nov filed online home-made defence. Receipt acknowledged by Court. 
Early Dec 25 e-mail received from "Bulk Litigation " at DCB Legal, with copy of their "Directions Questionnaire" asking for non-hearing determination and transfer to claimant's home court (Runcorn)
Mid-Dec rang them directly, offered without-prejudice to pay £100 without any admission of liaibility, purely to get rid of the time-wastage and stress.  Emphasised I did not owe them anything, explained reasons.Suspect the girl did not have my case notes in front of her.  Rejected, they would not settle for less than £225. 
Mid-Dec 25 Filed my own Directions Questionnaire asking for an in-person hearing and transfer to defendant's home court. Copy awaiting e-mailing to DCB Legal. 

That is where things stand.   The whole case turns on whether the "digital kiosk" device on the reception desk at the hotel was working properly or not.  DCB will doubtless be able to produce a printout showing that my car's VRN was not among those notified as exempt to Smart Parking on that date. 
I am minded to ask them to produce "maintenance records" showing whether that particular device at that site had been tested at any time in the previous few months. If they cannot, that will  reinforce a suggestion that the device may have been faulty on the day. But it is a bit of a "hostage to fortune", since if they can show the device was properly maintained, or that it was successfully sending other "exempt numbers " on the same day or around then, it becomes my word against their technology. 
I have found a Trip Advisor review from 2024 where a guy refers to identical parking problems at that hotel, but I have no way of tracking him down - TrAdv no longer allow direct contact with their reviewers. 
I think I am hearing from you guys that all this is "over-thinking" and that DCB Legal will discontinue if I hold my ground.  That is what I have been expecting all this time, but it has not happened yet ! Maybe there might have been technical grounds " to challenge them but for better or worse I think I have missed that boat.  As far as I'm concerned their notices were prominent and their grounds for asserting a parking contract are sound enough. It's all about the digital kiosk and the "exemption " lists, And neither the hotel or Smart Parking have attempted at all to engage with that aspect. 

thepadre

I apologise toall if the above lengthy posting duplicates anything that has been dealt with before.I could not find anything about the specific issues I face. 

Gr1pr

thepadre said:

Advice and the benefit of experience needed please .. Here's my anonymised history of a dispute with Smart Parking. 

August 2021 parked overnight in a hotel car park. Website and external notices all said parking was free for customers if you entered your VRN in a terminal at reception.  My firm recollection is that I did this, and there was no apparent fault or failure which would have made me seek help from the reception staff, or given me any reason to take a photo of the process- so of course I cannot PROVE what I did.  But I was familiar with this sort of set-up and in my view it is very unlikely that I would have forgotten  to enter the number.  ( I have a booking acknowledgment e-mail from the hotel to prove I was their customer that night). 

September 2021 received PCN from  SmartParking Ltd with photos of my car demanding £100, or £60 if paid before end of month. 
Late Sept 21 e-mailed hotel off their website telling them what had happened, suggesting that there must have been a fault in the device and asking them to sort it out with the parking company. No response whatsoever. 
Later September, filed appeal on SP's website pro-forma.  (unfortunately I have not retained a copy of this, but it would have made the same points about the device)

Late Oct 21 received SP's letter rejecting the appeal on the grounds thart they had not received any "correspondence" from the hotel about exempting my vehicle. They advised I was entitled to appeal further via POPLA but foolishly I did not do this, as in my ignorance I assumed it was "just another industry body" which would get me no further than the internal appeal. 
Nov 2021, "pay now" notice received from Debt Recovery Plus, demanding £170. 
Dec 21, identical notice received. E-mailed back to DR+, setting out my reasons to dispute liability. and asserting I had no intention of paying. (Copy of this retained). 
Jan/Feb 22 further "pre-legal warning" notices received from DR+
April 22, "unpaid debt reminder notice" received from CST Law. I was ignoring all of these as I had explained my position and was expecting that at some point, the automated sending-out of notices and threats would cease and the disputed claim would be quietly dropped. 
July 2022, "letter before claim" from CST Law, Nothing more heard until.......
May 2025, "notice of debt recovery" from DCBL, bailiffs. Ignored. Two more like this in June and August.

Late August 2025 "letter of claim " from DCB Legal. Ignored.

Nov 25 received Claim Form from HM Courts and Tribunal Service, Civil National Business Centre.  Total claim now £314.72. 

Mid-Nov filed online home-made defence. Receipt acknowledged by Court. 
Early Dec 25 e-mail received from "Bulk Litigation " at DCB Legal, with copy of their "Directions Questionnaire" asking for non-hearing determination and transfer to claimant's home court (Runcorn)
Mid-Dec rang them directly, offered without-prejudice to pay £100 without any admission of liaibility, purely to get rid of the time-wastage and stress.  Emphasised I did not owe them anything, explained reasons.Suspect the girl did not have my case notes in front of her.  Rejected, they would not settle for less than £225. 

Mid-Dec 25 Filed my own Directions Questionnaire asking for an in-person hearing and transfer to defendant's home court. Copy awaiting e-mailing to DCB Legal. 

That is where things stand.   The whole case turns on whether the "digital kiosk" device on the reception desk at the hotel was working properly or not.  DCB will doubtless be able to produce a printout showing that my car's VRN was not among those notified as exempt to Smart Parking on that date. 
I am minded to ask them to produce "maintenance records" showing whether that particular device at that site had been tested at any time in the previous few months. If they cannot, that will  reinforce a suggestion that the device may have been faulty on the day. But it is a bit of a "hostage to fortune", since if they can show the device was properly maintained, or that it was successfully sending other "exempt numbers " on the same day or around then, it becomes my word against their technology. 

I have found a Trip Advisor review from 2024 where a guy refers to identical parking problems at that hotel, but I have no way of tracking him down - TrAdv no longer allow direct contact with their reviewers. 
I think I am hearing from you guys that all this is "over-thinking" and that DCB Legal will discontinue if I hold my ground.  That is what I have been expecting all this time, but it has not happened yet ! Maybe there might have been technical grounds " to challenge them but for better or worse I think I have missed that boat.  As far as I'm concerned their notices were prominent and their grounds for asserting a parking contract are sound enough. It's all about the digital kiosk and the "exemption " lists, And neither the hotel or Smart Parking have attempted at all to engage with that aspect. 

Generally speaking,  the issues don't matter until or unless there is a hearing in your local civil court,  until then its a civil dispute over non payment of an alleged breach of the parking contract on that private property,  non payment of the invoice from Smart Parking 

Your great wall of text needed breaking up, ( using newline. ) see above 

Yes you may be overthinking it,  especially at this early stage 

If there was only one pcn, and a claim of £315 in play,  they are likely to discontinue just before the hearing fee is due next year,  possibly in summer 

Coupon-mad

There will be no hearing.

thepadre

You will be disappointed in me, guys, but DCB Legal have just rung up to say that their client has now decided after all to accept my w-p prejudice offer of £100 and as it is just about worth my while to pay that so as to get this aggravating matter off my to-do list, I have agreed and paid it, receiving their e-mails acknowledging, and confirming they will advise the Court.  This may mean that they will accept any offer so as not to have to go to Court in a defended case.  But I wasn't keen on this happening to be the one out of hundreds where they decide to take it to the court door so as to be able to say "Yes, we do sometimes go all the way to court, don't bank on a discontinuance".  We shall never know - but thanks loads for your advice, even if I didn't have the bottle to take it.  

Ralph-y

  ............ 

Gr1pr

They offered £35 in the following thread 

https://forums.moneysavingexpert.com/discussion/6609400/ecp-dcb-legal-case-2025-mediation-call-disputed-pay-by-phone-transaction#latest

You were conned. !  You could have negotiated a better deal at the mediation stage 

Car1980

thepadre said:

You will be disappointed in me, guys, but DCB Legal have just rung up to say that their client has now decided after all to accept my w-p prejudice offer of £100 and as it is just about worth my while to pay that so as to get this aggravating matter off my to-do list, I have agreed and paid it, receiving their e-mails acknowledging, and confirming they will advise the Court.  This may mean that they will accept any offer so as not to have to go to Court in a defended case.  But I wasn't keen on this happening to be the one out of hundreds where they decide to take it to the court door so as to be able to say "Yes, we do sometimes go all the way to court, don't bank on a discontinuance".  We shall never know - but thanks loads for your advice, even if I didn't have the bottle to take it.  

Ah, the psychological trick of making you think "yes, they discontinue, but what if they make an exception for me?"

That's why they make these claims. If nobody ever paid they'd lose £35k a week and stop doing it. All you've done is help keep the scam going.

It's human nature v facts and probabilities. People play the Postcode Lottery and might win £500. But then they keep their £12 Direct Debit going and three and half years later they've just given the £500 back!

thepadre

yes, but....It's not exactly what youi'd properly call a scam, is it ? There is a legal right for the parking companies to enforce a ontract the driver enters into.  And the owners of car parks are entitled to regulate the use of their land by subbing control  & enforcement out to the parking companies, otherwise there'd be constant abuse of their facilities. None of us have right to park freely on other people's land.  The dishonesty is in the issuing of legal notices and summonses if they geuinely have no intention of seeing them through.  Unless a forum like this can definitively say "There has never ever been a case where DCB Legal have sent one of their staff to a County Court hearing 100 miles from Runcorn"  people like me, who can see there is a risk of being judged against (with costs) by a case-weary registrar just ploughing through the day's list,  will often not have the confidence to take it to the wire. 

Gr1pr

No summonses are issued in private parking cases, you wont find any at all

These solicitor firms never send a member of staff to civil court hearings,  but the claimant can hire a jobbing advocate to attend, be it half a mile away or 250 miles away , which does happen in numerous cases that progress to a hearing in front of a judge

DCB LEGAL have a habit of discontinuing just before the hearing fee is due to be paid  !

Coupon-mad

thepadre said:

yes, but....It's not exactly what you'd properly call a scam, is it ?

I would and regularly do.

I've happily called the whole operation a scam (and worse) in front of the MHCLG in Steering Group meetings. The Government listens and they value the input and evidence from the good guys & gals on the motorists side. Work continues! We will get there.

Yes ... I say IMHO, the industry operates an outrageous scam, in many ways.