PCN from Smart Parking 2023 - May have screwed myself, advice?

alzariss

Hi guys, just looking for a bit of advice. I'm in England for reference

I received a PCN from smart parking in 2023, I appealed it but never heard anything back.

I'd used the ring go app and accidentally paid for the wrong car for the right amount of time (the number plates start the same FE18/FE19).

I never heard anything back from their appeal, but stupidly back then told them I was the driver but not the keeper as I didn't want my partner dealing with the stress of this. I had sent them the VAT receipt of the parking I had paid for.

I heard nothing back and got a DRP+ on the 29th November 2023, and as told by friends just ignore it, I had emailed smart parking to issue a complaint that they hadn't responded to my appeal. I had sent them the VAT receipt via email and received:

Good afternoon,  
Thank you for your email.  
We can confirm that having reviewed the content of your email, this would constitute as an appeal rather than a complaint and therefore will be treated as an appeal.  
Please note as per point 3 (Definition of a Complaint) of our complaints policy, it clearly advises “The complaints policy is not intended to be used as a method for motorists to appeal a Parking Charge Notice (PCN). Matters relating specifically to appeals must be made in writing as instructed on the notice itself. If a complaint is received that is considered to be or includes an appeal against the validity of an PCN, we will treat it as an appeal and advise the customer of this, unless we are informed that the customer does not wish it to be so handled. Our definition of a complaint is something about the quality of the service provided by an organisation, its processes and/or the behaviour of its staff. Our definition of an appeal – correspondence shared against the decision of an organisation – in this instance, the decision to issue a Parking Charge Notice – where a change to that decision is required.” 
Your appeal has been logged on our system and our appeals team will look into your comments accordingly. Please note, it can take up to 28 days for a response to be issued.  
This email address is for formal complaints only and therefore must fall in line with our complaints policy. For any queries, please contact info@smartparking.com 
We do not believe there is any further action required from your complaint and now consider this matter closed.
Kind regards, 

(even though the body of my original email was that I haven't received any correspondence from smart parking about my appeal just straight to DRP+ letters.

DRP eventually stopped sending letters until 11th November 2024 when I received another one.

This time i got back in touch with smart parking again stating they had not responded to my appeals in over 349 days, (I also sent another one in for good measure.) which is a breach of BPA Conduct of practice and argued that due to this I'd feel it's an extenuating circumstance for them to consider an appeal outside of this time frame due to them not acknowledging the appeal for 300+ days.

I had also requested a popla code at the time and it had been refused due to how long the appeal had been open (even though i tried to appeal and contact them numerous times)

I received an email from smart parking on the 19th December 2024 stating they had sent responses and their system has shown it as responded to, although I have not and can not find this correspondence anywhere else.

So, I chased up with DRP+ who told me on the phone verbally after some back and fourth that nobody will be taking this to court, I heard nothing else after this.

UNTIL 20th November 2025.

I get a letter from DCBL saying they're chasing the debt, as usual I ignore their letter and receive a letter of claim, I emailed them the template defense from MSE and they emailed back saying I have a lack of evidence.

Now, I'm not sure where to go here. Do I email them the evidence, Have i screwed myself by admitting i'm the driver even though i'm not the registered keeper? Is this likely to go their way if it goes to court and is it time for me to pay the piper?

Thanks in advance, sorry that this is long winded!

Gr1pr

A least if they claim against you as the driver,  it mans that the keeper is left out of it, especially if full payment was made at the time of the incident. !

Ignore Smart Parking 

Ignore DRP LTD 

Ignore DCBL too

Come back to this thread if or when you receive a Letter of Claim giving you 30 days notice,  from either DCB LEGAL,  or from QDR 

Definitely come back to this thread if or when you receive an N1SDT Money Claim pack from the CNBC in Northampton using MCOL in the post 

Keep your evidence of full payment safe

alzariss

I have received a letter of claim from DBC Legal - I responded to it with the templated defense and received: 

We write to acknowledge safe receipt of your formal response to our Letter of Claim sent to you in respect of this matter.

Having considered your response, our position in respect of this matter remains as per our Letter of Claim. We note that despite your points of dispute, there is an absence of any evidence in support of the same so that we may consider this with our Client. If you do have evidence which you believe supports your dispute, please furnish us with the same within the 30 days afforded to you.

As it stands, the initial 30 day timeframe under the Pre-Action Protocol remains, and County Court proceedings will be issued following expiry of this 30 day period, without any further reference to you.

We strongly recommend that you contact a member of our dispute resolution team on 0203 838 7038, as a matter of urgency so we may discuss this matter with you and avoid a Claim being issued against you.

If you are at all unsure of your legal position, you may wish to seek independent legal advice

 

Kind Regards,

Litigation Support Team

DCB Legal Ltd


The only thing biting me in the !!!!!! is that I did pay for the wrong vehicle, FE18 ### / FE19 ### but i do have an email VAT receipt of this. 

this Response was sent to me on the 6th January - the timeframe for letter of claim is 10th Feb if i calculated correctly. 

Gr1pr

I dont think that you would have responded with the template defence. !  The correct response is the LoC response to a Letter of Claim 

The defence template ps are used when you receive a Money Claim N1SDT pack from the CNBC in Northampton using MCOL 

No use crying over spilt milk,  you made a mistake but paid in full, so no losses incurred by Smart Parking 

Wait for the N1SDT Money Claim pack 

alzariss

Dear Sirs,

Your ref: REDACTED

Proposed legal proceedings

Claimant: Smart Parking (UK) Limited

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

REDACTED

You should revert to your client because the 'propensity to pay' score in my case is zero, so any claim is hopeless and a waste of the court fee (whether 'fronted' by your firm or not). Move on to weaker victims.

The alleged 'debt' is disputed and any court proceedings will be vigorously defended.




This was what I'd sent, was this incorrect?

Gr1pr

Its correct,  but it's the LBC response to a Letter of Claim 

It is NOT the defence template 

But everything is on track and proceeding normally

kryten3000

They will issue a claim, you will defend it and follow the process.  DCB Legal will discontinue at some point, usually before the hearing fee deadline and you will post the notice of discontinuance to our thread

Car1980

Blimey. You have wasted a lot of time talking to these clowns.

Nothing you can do - DCB Legal will issue a court claim...

... that they are guaranteed to discontinue as long as you file the template defence online when the time comes.

Coupon-mad

We don't need to see DCB Legal's template reply to the LBC response. We have seen that hundreds of times in 2025 alone.

Just await the claim form.

Then submit the template defence.

Please don't show us DCB Legal's reply at that point, either. Spare us seing their rubbish on thread after thread. It's all we ask!

alzariss

I'm at the point of submitting my defense now, However I am not the registered keeper but I was driving and had stupidly admitted that, what's the best way for me to edit the template to reflect this ?

Coupon-mad

The way that it tells you at the end of para 2.