Is it worth so much stress?

Depletion6912

First let me thank all the contributors here for providing so much great information. It's been very helpful. 🙏

This post is really just a vent. It's less about practical advice and more about the emotional impact of it all.

Background: got a PCN from SmartParking saying they don't know who the driver was, so I appealed using the template and pointing out they were over the 14 days required by POFA when they issued the notice, so cannot hold the keeper liable. They rejected the appeal, saying the location is not covered by POFA but that they can assume the driver was the keeper, citing Elliott vs Loake. So far, so predictable.

All the info here suggests they don't have a leg to stand on and we would win if it came to court, so long as we never admit the driver's identity. They'd probably drop it before that point anyway.

The problem is, I'm not the registered keeper: the car belongs to my wife, and she doesn't want the stress and hassle. She certainly doesn't want to go to court. She just wants to pay the £60 to make it go away.

And I can understand it, because despite being confident in our position, just getting these letters and emails and deciding what to do is really stressful. I feel anxious, am thinking about it obsessively, and it's giving me brain fog so I can't get on with anything else, all because the driver didn't realise they were supposed to pay £1.50.

It makes me so angry, because this is how these bullies win. Their charges are disproportionate and unfair, but you'd have to be made of steel to take this all the way to a courtroom.

Ultimately, I know we will lose this game of chicken because my wife doesn't want to fight, so I think we'll have to pay their absurd charge while it's still "discounted". I just needed to come here and share this stuff so I can get it out of my head and get on with my day.

Thanks all for listening ❤️

Gr1pr

Smart Parking cases never get to a court hearing, usually discontinued just before the hearing fee deadline to be be paid

Were you the driver ? Or the RK. ?

When was the PCN issued. ?

A Money Claim by dcb legal on behalf of Smart Parking is easy to do, just online form filling on MCOL, plus emails, easy enough for anyone to do, nothing stressful at all

nobulltaken

yes fight it all the way. I put my WS in on Saturday & they discontinued today with out there WS. Mine been on going since Nov 2025 so stick with it.

fatbelly

If you get into the mindset of 'ignore everything up to the Letter of Claim' it is not stressful.

I had an 'issue' last August and received an NTK and then weekly letters up to Christmas. They are neatly filed. It has gone quiet since then. They have six years to start a claim but in practice do so much sooner. I hardly ever think about it.

It is all in my wife's name too but she is happy to let me deal with it.

If your wife pays them then she is supporting a scam industry. You can't just pay anyone who sends you a speculative invoice.

Depletion6912

https://forums.moneysavingexpert.com/discussion/comment/81995455#Comment_81995455

My wife is the RK. We're not going to admit who was driving 😉 PCN issued mid-April, non-POFA.

I wish I could say I didn't find it stressful, but for me it's like watching a scary movie: even though I know it's not real, I still feel it in my guts.

Gr1pr

I asked if you were driving simply because if it was you then the RK can name you as the driver, after which everything would be in your name and she wouldn't have to deal with anything !

However, if it was the RK driving then they cannot transfer liability using Pofa2012 to another person

If the pcn was recent ( 2025 or 2026. ) but not compliant with POFA then the keeper has no legal liability, only the driver

chrisw

I wholeheartedly agree about the emotional impact. My wife had a Moorside LBC back in August 2024 and, although we haven't heard anything since, I still keep an eye on this forum and half expect further letters each time the postman comes. So we've still got another 4 years to wait.

Depletion6912

https://forums.moneysavingexpert.com/discussion/comment/81995519#Comment_81995519

Yes, it is recent and non-POFA, so the keeper (my wife) cannot be held liable, and as they do not know who the driver was, they have no-one else to pursue.

Surely, were my wife to tell them someone else was the driver, that person would then be liable and refuting the PCN would have to be done on some other basis, which would not be certain to succeed.

So it's a Catch 22: my wife can't be held liable but doesn't want to fight it; I would rather fight it but anyone admitting to being the driver would be liable.

Car1980

It's Smart Parking. They just use the DCB Legal > court claim > discontinue conveyor belt.

It doesn't matter what your defence is or isn't because it will never get to a hearing.

So just tell them you were the driver and give your name and address (presumably the same as your wife's).

And separately, send an email "from" your wife reiterating the above with an instruction to ERASE any details they hold on her.

Email Smart and copy in their DPO email.

Also, if you have got that far, email DCBL and DCB Legal (the latter will say they have no record of you, but that doesn't matter).

Come back for advice if they give you any nonsense about it being too late, or that there is a 28 day deadline (these are lies).

Coupon-mad

From one woman to another, tell your wife from me that most of this process is just laughing at letters and getting on with life.

She could not ask for an easier one, because DCB Legal 100% discontinue before Smart Parking case hearings, so she will simply use a template defence and then later, fill in one easy form to choose her local court and state any holiday/busy dates.

She doesn't even have to take the Court Mediator phone call! You can, or she can miss that call completely, with no effect.

The case WILL be discontinued. No worries!

Depletion6912

Thank you all for the encouragement. I will show what you have said to my wife, and perhaps it will change our decision.

In the meantime, I am considering sending the following to SmartParking. If you want to check I'm not saying anything stupid here, it would be appreciated:—

In your response to Ms. X's appeal, you have provided no evidence as to the identity of the driver and no evidence of any contract being accepted.

Ms. X cannot be held liable for hypothetical contracts between unidentified parties.

You state that the provisions of Protection of Freedoms Act 2012 Schedule 4 relating to keeper liability do not apply at the location, and in any case your PCN was not PoFA compliant. You therefore cannot hold Ms. X liable on that basis.

Your citation of Elliott vs Loake is irrelevant and this has been reinforced by court rulings - as you well know.

It is clear that your demands on Ms. X have no legal basis and to pursue them further would merely waste your resources and constitute harassment. You must now desist, and erase all records relating to Ms. X.