Smart Parking / DCB legal - proceeded before this forum

james_hazley

hello,

I (like many others apparently) am the subject of a smart parking / DCB legal escalation from an alledged offence in 2022.

Before being aware of this forum, I used AI with the help of any recollection of 4 years prior to draft my defence, I have now been sent the DQ form which I have filed, my concern here is, how the hell am I supposed to remember anything from back then, my recollection is I didn’t even receive a PCN for over 4 months.

my defence is attached beneath.

DEFENCE

The Defendant denies the Claimant is entitled to the sum claimed, or any sum at all.

1. The Defendant is the registered keeper of the vehicle but does not know who was driving on 28/01/2022, more than three years ago. The Claimant has provided no evidence of driver identity.

2. Smart Parking Ltd do not use a Notice to Keeper that complies with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). As such, they cannot transfer liability from the driver to the keeper. The Claimant is therefore put to strict proof that the Defendant was the driver. Absent such evidence, the claim must fail.

3. The Particulars of Claim are vague and fail to meet CPR 16.4. No contract, terms, signage, or facts are properly pleaded. The POC merely asserts “overstayed free time” without evidence or detail.

4. The alleged event occurred at Co-op Heatley Mere, Lymm, a customer car park. The Defendant would only ever park there to shop as intended. The Claimant is put to strict proof of adequate, prominent signage capable of forming a contract, and of full compliance with the BPA Code of Practice.

5. The Claimant is put to strict proof of landowner authority tO operate and litigate at this site.

6. The claim is inflated to £170 with a false £70 “damages/debt recovery” add-on. Such costs are not recoverable under PoFA, the BPA Code, nor CPR 27.14, and have been repeatedly struck out in similar DCB Legal cases as an abuse of process. The added sum isunrecoverable and renders the claim invalid.

7. The Claimant delayed over two years before pursuing legalaction, which is unreasonable and prejudicial. This conduct is contrary to the Pre-Action Protocol and relevant to CPR 27.14(2)(g).

In summary, the Claimant has no keeper liability, has not identified the driver, has not pleaded their case properly, and has added unlawful costs. The Defendant respectfully requests that the claim be dismissed.

Statement of Truth: The Defendant believes the facts stated in

this defence are true.

Car1980

It doesn't matter because it will never go to a court hearing in front of a judge. Just carry on until they discontinue.

If you've filed the DQ you should next receive a communication from DCB Legal lying that they have read your defence and want to continue.

Then it's the mediation letter and phonecall (30 seconds: "My offer is zero. Goodbye.")

Then you'll receive a letter from your local court and then discontinuation will be just after they fail to pay the hearing fee.

Gr1pr

That statement of truth was retired about 5 years ago, but too late now

Follow the 8 steps in the defence template thread in announcements near the top of the forum, i would expect that mediation is next, unless you have already completed that stage. ?

Coupon-mad

Just carry on where you should have started, with the first 8 steps.

You don't have to recall anything - the case will end up discontinued as that is the MO - and you will not be discussing the case in any depth with the Mediator on the stupid phone call shortly either. See the easy 8 steps.

You can step onto them now. No worries!

james_hazley

thanks both, I’ll await mediation.

im genuinely happy to take this to court if needed, hopefully it doesn’t get there.

wish I’d have seen this forum before submitting defence however! Is it common for them to wait 4 years before pursuing legally? In my mind that’s extremely hard to defend due to timings / memory.

Gr1pr

Everything above is standard , we see it daily, it's groundhog day over and over

They have 6 years to sue you in England and Wales, so yes, perfectly normal , the one below says 5.9 years

https://forums.moneysavingexpert.com/discussion/6651768/i-finally-received-the-county-court-claim-after-5-9-years/p1

Your case will definitely go to court, after mediation, namely the local court you nominated in your N180 DQ document, which is why you selected it

However, its likely to be discontinued beforehand, near the court appointed deadlines, so unlikely to result in a paid for hearing