3 Year Old CANCELLED Parking Tickets

PromiseNumerous2790

As I made a post on r/LegalAdviceUK, I am going to copy it over here and have deleted it there. Any changes made to the private information within the documents have been made BOLD. This is in England.

4 days ago, I received a letter from HM Courts & Tribunals Service contacting me "because someone claims you owe them money, and a money claim has been made against you" regarding owed money from 4 already cancelled parking charges.

"Particulars of Claim

1. The Defendant (D) is indebted to the Claimant (C) for 4 Parking Charges (PC)s issued to vehicle REGNUMBER at LOCATION.
2. The dates of contravention are between MONTH 2023 & MONTH 2023.
3. The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Overstayed Free Time.
4. In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. MONEY being the total of the PC(s) and damages.
2. Interest at a rate of 8.00% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.08 until judgment or sooner payment.
3. Costs and court fees"

I am being contacted as the registered Keeper of the Vehicle. At the time of occurrence, the Driver at the time was a worker at a business with use of said car park (but is not employed there now) and these charges were handled with by a manager and were subsequently cancelled.

We have evidence on the parking management's own website where if you go through the 4 parking charges appeal process, every contravention states that it is cancelled.

I was away from the current registered location of the car and missed letters to the Keeper in April, being a "Letter of Claim" and "Final Reminder". Advice from r/LegalAdviceUK has had me go through MCOL to fill out an AOS today. I now need any advice as to respond to these and create my defence.

We simply don't understand the process as to go about this, as these parking charges were already cancelled and the evidence is still live on the parking management's website saying as such.

Thanks so much for reading and for any advice you leave.

PromiseNumerous2790

Gr1pr

Name the private parking company claimant involved and any lawyers

Who was the registered keeper. ? You ? , a lease or hire company. ? Who exactly. ?

Whose name is the defendant or company named on the left of the claim form. ?

Clearly the POC should have posted every date, every pcn, so is clearly inadequate

Post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first

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

I presume that the total is over the £600 threshold

Coupon-mad

Smart Parking by any chance?

PromiseNumerous2790

https://forums.moneysavingexpert.com/discussion/comment/82003538#Comment_82003538

In order: 1. Smart Parking Limited and DCB Legal LTD. 2. I am the registered keeper of my own private car. 3. I am the named defendant. 4. The POC only has the "dates of contravention are between" as shown in the photo attached. 5. Redacted photo attached (just cleared with mask erase on photoshop so details cannot be found). 6. Includes the issue date. 7. Correct, closer to £1000.

I will note, they are pursuing me as the driver without knowledge.

https://forums.moneysavingexpert.com/discussion/comment/82003825#Comment_82003825

100%. I would ask how you guessed, but I assume they have a reputation…

PromiseNumerous2790

Additional note: When Putting all 4 PCN numbers through Smart Parking's appeal page shows the following. I've collected PDF's for each page for my defence.

(I've removed the PCN Number)

Coupon-mad

There is a current tsunami of Smart Parking claims. So much so, that I now have copy & paste advice ready:

just click on the username @Meltof

Copy their version of a Smart Parking final defence posted on April 12th.

Don't copy & paste it here as we really don't want to keep being asked to check this defence in thread after thread in May, which is driving us regulars a bit mad with this current Smart Parking batch!

Literally read any Smart thread…

Then follow the 8 steps in the Template Defence thread. Despite the high amount, it'll probably be discontinued just before the hearing fee falls due in the Autumn/Winter.

Normally we'd say ' no added facts' but in your case add to the Meltof defence para 2, that:

The Claim fails to plead four dates, thus the binding authority of Liberty Homes (Kent) Ltd v Rajakanthan & Ors [2022] EWHC 2201 (TCC applies, where the High Court found the Particulars to be deficient and struck them out due to a lack of required detail. Further and in the alternative, the charges the Defendant can access are shown on Smart Parking's website as 'cancelled'.

Le_Kirk

With an issue date of 12/05/26 and providing you complete(d) the AoS before or on 31/05/26 your defence deadline date is 4.00 p.m. on 15/06/26

PromiseNumerous2790

https://forums.moneysavingexpert.com/discussion/comment/82005658#Comment_82005658

Answering this first, I filled out the AOS on 18/05/26. Thanks for giving me that deadline, make sure to pencil it in.

https://forums.moneysavingexpert.com/discussion/comment/82004605#Comment_82004605

I'm going to go through this today to write up my defence. Is it worth adding in the pdf screenshots where all charges are cancelled included also?

Le_Kirk

The usual advice with a Smart parking claim is to use the @Meltof defence with no changes or additions but read what @Coupon-mad wrote here 19 May at 2:26PM

Coupon-mad

The screenshot can wait until WS and evidence stage.

You'd benefit from reading the section of tips and info about all the small claims stages underneath the red capitals sub-heading 'IMPORTANT: KNOW WHAT HAPPENS WHEN' in post 2 of the NEWBIES thread.

PromiseNumerous2790

https://forums.moneysavingexpert.com/discussion/comment/82006293#Comment_82006293

Apologies, I'm giving it a good read through right now and have submitted my defence from the copy of the @Meltof defence with the addition you mentioned. Thank you for your help.

https://forums.moneysavingexpert.com/discussion/comment/82006171#Comment_82006171

Done. Thank you for your help also.