Smart Parking

Tenby88

Hi!

Just wondering if I could have some assistance in this as I feel I’m banging my head against a brick wall!

I received a parking fine from parking in Cornwall in Sept 2023 which I knew I had paid. Initially I’m certain (although it was a while ago) that it was for non payment - although that has now changed. Anyway I appealed in the right time, received acknowledgment then carried on with my life as I presumed all was well.

In November (two years later!) I started receiving letters from dcbl. I was trying to figure out what was going on, so I sent a formal complaint to smart parking and ccd DCBL into it. At this time I also notified dcbl several times that smart parking had not responded to my appeal, the matter was in active dispute and requested them to stop enforcement until an outcome had been reached. They ignored this and kept sending letters. 

In my complaint I explained I had appealed the charge, and I didn’t believe it was lawful they could still push enforcement when not responding to my appeal. They sent a copy of the appeal through (I GENUINELY had never seen it before until this point) which stated it was in fact that I had overstayed my parking payment.

I’m quite diligent with this kind of stuff so none of this felt right, so I did an SAR, and requested it include my original pcn as well as a payment log and also evidence my appeal was sent to me (via email as that’s how they claimed they sent it - surely that wouldn’t be hard to prove?)

Although I kept dcbl up to date they escalated enforcement and referred the case to dcbl legal. 

My SAR came through and it doesn’t have: my original PCN/details of the payment I made/the appeal they claimed to have sent back - basically everything I needed them to prove. 

Yesterday I get a lovely claim form through from Northampton court saying dcbl have filed to put a CCJ against my name. The balance is almost now £300.

I started looking into it again last night and found a payment of £5.50 to Cornwall council on the date they have stated I didn’t pay.

I then looked at the signage for the car park in question. It is £5.50 to stay for 4 hours. I believe the payment is for this car park but due to saying Cornwall council NOT smart parking I’m wondering if this is proof enough for the courts.

Every bone in my body wants to put a defence in but I’m frightened. I’ve never done anything like this before and time is pressing. I also am not clued up on the legalities but surely enforcement shouldn’t continue if Dcbl were made aware I was actively disputing this. Maybe I am wrong? Can someone please shed a light on this for me - I feel so frustrated and this has already taken up so much of my time that part of me is tempted to just roll over!

Thank you so much in advance

Gr1pr

Forget about the saga above,  concentrate on the current claim, same advice as the one below 

https://forums.moneysavingexpert.com/discussion/6651260/dcb-legal-claim-form-received#latest

Post the Issue date from the top right of the claim form below 

Post a redacted picture of the lower half of the claim form below,  after hiding your VRM and pcn reference on the lower left hand side and the password on the lower right hand side 

Ps, it wasn't a fine, and DCBL are not longer involved,  only Smart Parking via DCB LEGAL,  DCB LEGAL raised the Money Claim,  not DCBL

Lastly, paying Cornwall council instead of Smart Parking is probably the error here, because its 2 different places and different Parking locations,  private companies dont work for councils,  so paid the wrong entity seems likely 

But water under the bridge now 

James_Poisson

You should have come here at the outset you have got a lot of things mixed up.

There was never a "fine" you had a speculative invoice from a bunch of greedy scammers, who say you entered into a commercial contract with them.

This is a private parking charge, nothing what so ever to do with the council, you paid for the wrong car park, the landowner never got your parking fee, and his contractor is now chasing their charge they claim you owe them.

You do not have a CCJ against your name, you have a county court claim in process which you must defend or they will get a default judgement.

All the information you need is in the stickies on page one of this forum, good defences are usually taken to the eleventh hour as these muppets are now using bulk court claims as bullying tactics to screw money out of people.

I am sure @Coupon-mad will be along soon with further advice with this I am sure this car park sounds familiar. 

The SAR should have all the details they have for this case pertaining to you, but of course it won't have anything about the payment you made you never paid into their system, but everything else should be there.

• A copy of the redacted Notice to Keeper and the Particulars of Claim posted on here without personal details will help.
• Exactly where was the car Park?

Don't worry about it this happens every day in this unregulated scam industry.

Coupon-mad

Yesterday I get a lovely claim form through from Northampton court saying dcbl have filed to put a CCJ against my name. The balance is almost now £300.

They haven't 'filed to put a CCJ' against you' (that won't happen as long as you follow our advice). It's just a template court claim which you defend using the template defence.

Easy as pie. The claim will end up discontinued before the hearing this year. They all are.

Just play the game:

Follow the easy 8 steps covered in the Template Defence sticky thread. No link is needed to that Announcement, or to the NEWBIES FAQS thread - which you must also read post 2 of, especially the red heading IMPORTANT: KNOW WHAT HAPPENS WHEN'. It is very easy.

See my signature below if you need a steer about how to hop straight to page one. This could not be easier once you bookmark the Template Defence thread to follow the 8 steps.

We don't want to know about DCB Legal's reply to your defence, nor the DQ, nor questions about Mediation (all are covered).

What we do collect are pictures of the Notices of Discontinuance for Umkomaas' thread, so we'll see you again in the Summer/Autumn when you strut proudly back here with your win!

I started looking into it again last night and found a payment of £5.50 to Cornwall council on the date they have stated I didn’t pay.

But that's not to the right recipient. That isn't anything to do with that car park. Forget thst!

Tenby88

Thank you all so much for your advice which I will follow!!

I think the car park is owned by Cornwall council (it was in Cornwall) and an internet search said it might come up as that when making payment and it is the amount I thought I had paid!

Gr1pr

It might be owned by the council,  but run as a private parking area, but not relevant at this point 

The defence is already written for all these old claims like yours  ( before 2025. )

Coupon-mad

Tenby88 said:

Thank you all so much for your advice which I will follow!!

I think the car park is owned by Cornwall council 

It is not. Smart NEVER act for councils.