DCB Legal - Court Claim received - can you advise

joolsbfd

Claim form received this week. I'm nervous about going to court but feel like i need to because of the unjust nature of the charges 
I will take step 1 today and acknowledge receipt of the claim for money, but wanted to start a thread to give time for advice about my defence. Read that even details such as exact amount of claim can be problematic, but do let me know if more info is needed re the claim form. 
1. issue  date is 31st december. Happy New Year to you too  
2. total amount is approx £300
3. is the 14 days for defence from today/ the date of my acknowledgement of receipt? 
4. i will post more info about my defence in next post for clarity. Main point is i paid, but due to machines not working for card payments, i required time to go and get coins to pay. 

thank you. 

1505grandad

What was the date of the parking event?

Are you using the Defence in the dedicated Smart Parking thread?  -  do not state who the driver was.

Coupon-mad

You are not meant to be writing anything and no thread was needed for this claim.

See the Smart Parking Defence Group thread, which we won't link. Search & copy!

Car1980

You won't be going to court. Don't worry.

Use the template defence. You have written a witness statement, not a defence.

The witness statement is normally for later in the process, but DCB Legal discontinue just before the exchange of witness statements.

Don't rush, but you need to read the Smart Parking thread as stated above. 

joolsbfd

Thanks all. I hadn't realised this was a witness statement, not defence. That's helpful.. thank-you.
Offence was february 2024 
I thought I'd read everything required, multiple times, hence using the template suggested, and adding my details into paragraph 3, but I'll go back to it. I used the template 10 paragraphs, just removing paragraph 2 thinking every other paragraph was relevant. Could I ask what I could put in paragraph 3 that pertains to the situation I outlined, or is that covered by paragraph 5 and 6 (machine not working and the fact that I paid once I got cash) 
I have removed my comment with details as i have read the stuff about making sure everything is anonymised as much as possible here. 
Off to look again and read in light of what you have said. very helpful to know there is a difference between defence and witness statement as I thought I had to put the details into this letter. 

Thanks all for your work, your support and the time you spend helping people. When you have no legal background, it feels intimidating to be sent a letter to go to court even when you know you paid and acted in good faith, and they are doing the opposite. It's principle that's making me keep going. 

Coupon-mad

You are not using a defence that requires info in para 3. The Smart one is all written. We've told you where to find it.

joolsbfd

Got it. thank you coupon-mad. See now what is required, and will sort. 

joolsbfd

in the template para 3.reads

 The Defendant is unable to recall who may have been driving on an unremarkable date and unspecified time and no evidence has been produced. There can be no 'keeper liability' in this case. Research has proved that this Claimant has never used the provisions of Schedule 4 of the POFA 2012 and they know, or should know, that they cannot hold registered keepers liable.

photos were sent, with time and date. i also recall everything and would use it in my defence so just want to clarify if i should, in that context, exclude paragraph 3.

I know some of you think this is easy, but if you are not used to legal context, it's hard, and nervewracking, a d information is in different places. Not complaining, i think amazing work is being done .. i just know it's hard when it's not your world (legal terminology, letters etc). 

Do we still use this paragraph in the above context, or remove? I am thinking to remove it. 

Gr1pr

Use the Smart Parking defence template as is, its a specific defence against the current Smart Parking DCB Legal cases,  all of them , do not remove any of it unless something is untrue 

No witness statement or exhibits are needed for several months,  with no evidence submitted at this time 

You use your recall and exhibits etc in several months time 

Your deadline is 4pm on Monday 2nd February 2026, if you completed the AOS stage online on MCOL  ?

Coupon-mad

"photos were sent, with time and date. i also recall everything and would use it in my defence so just want to clarify if i should, in that context, exclude paragraph 3."

Do you mean you appealed and admitted to driving? Oh dear...we really wish you hadn't. Just wondering.

Either way, this isn't hard; the most I would do is simply remove this sentence:

"The Defendant is unable to recall who may have been driving on an unremarkable date and unspecified time and no evidence has been produced."

Please don't copy the Smart Defence here though. We don't need to check anything. It is as easy as pie to win because it will be discontinued by Summer/Autumn (before the hearing). You just play the game till then!

joolsbfd

Perfect thank you so much. That makes sense 

I have  used your templates to date, so have never admitted. 

Yes completed the aos today on MCOL. 

Will remove the sentence as above, and submit the rest. 

Thank you so much. Its extraordinary this level of information and support.