Plea for help on parking charge

BigDunc59

Hi all,

I’ve recently received a County Court parking claim from Smart Parking / DCB Legal relating to a car park visit from four years ago.

AoS has already been filed with intention to defend in full.

Important background:

• I moved house before the relevant period when it happened and unfortunately my V5C was not updated immediately, it was only updated 5 months after the alleged failure to pay for parking issue happened. Please note I didn’t know anything about this at the time.
• The V5C was later updated well before proceedings were issued.
• This court claim is the first correspondence I personally received regarding the matter.

After requesting disclosure, the legal company provided:

• ANPR entry/exit photos,
• signage photos,
• and some documents.

The ANPR duration appears longer than the tariff I now believe may have been purchased.

However:

• I have evidence that payment for parking was made on the date in question,
• but the legal firm have not yet confirmed whether any payment records were identified,
• and I have asked them to clarify whether the allegation is non-payment or insufficient payment.

I have also requested:

• the dates/addresses for prior correspondence,
• and a breakdown of the escalated claim amount.

I’d appreciate guidance on:

• likely defence strength,
• challengeability of the added sums,
• Smart/legal company discontinuation likelihood,
• and whether this type of case is generally defended fully or settled commercially.

Thanks.

Gr1pr

Stage 1 , Login to MCOL via your government gateway account and complete the AOS online stage ASAP

Stage 2, Then use the Smart Parking defence template defence by member meltof posted on 12th April in the group thread by member sluzz

Copy and paste into the MCOL defence box, save it, submit

BigDunc59

Thanks. AoS has already been filed online, defending in full.

Before submitting the defence, could someone please confirm I’ve found the correct Smart Parking template — the meltof post dated 12 April in sluzz’s thread?

Also, should I paste the defence into the MCOL box as suggested, or is the current advice to email it as a PDF to CNBC/CCBC instead?

My case involves:

• Smart Parking / DCB Legal
• old parking event from several years ago
• no prior correspondence personally received
• V5C/address issue at the time, later updated well before proceedings
• ANPR entry/exit evidence now disclosed
• evidence that some parking payment was made
• dispute appears to be insufficient payment rather than no payment
• inflated claim sum

I want to avoid accidentally admitting anything or weakening the keeper/POFA points. Grateful for guidance on which paragraphs, if any, need tailoring.

Gr1pr

No email, no post, just MCOL

Copy and paste the meltof defence template from 12th April into the defence box, save it and submit it

Job done for now

BigDunc59

amazing thanks so much

Umkomaas

Once you’ve submitted your defence, have a read of the following thread, as, if you continue to follow forum advice, you’ll be mentioned in that in a few weeks time!

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations

BigDunc59

Quick update.

I filed the defence a few weeks ago and have now received an email from DCB Legal stating:

• Their client intends to proceed with the claim.
• They have filed the Claimant’s Directions Questionnaire with the court.
• The court will in due course direct both parties to file DQs.
• They say their client may be prepared to settle and invited me to call them within 7 days to discuss settlement.

No settlement figure has been offered.

Since filing my defence I have also received several phone calls from DCB Legal (at least five), but no human voicemails have been left (one automated with no info) and my emails requesting further information remain unanswered.

I have not yet received a Directions Questionnaire from the court.

What would the forum recommend as the next step at this stage? Is it simply a case of waiting for the court’s DQ?

Umkomaas

Waiting ….. and following the 8 steps of the Template Defence Announcement.

BigDunc59

thanks Umkomaas. I’ve now received the Notice of Proposed Allocation and N180 with a deadline of 13 July. Next step is to complete it using the Template Defence Announcement guidance - where can I access that please?

ChirpyChicken

You dont need help. Its mostly common sense

BigDunc59

Can someone share a link to the 8 steps of the Template Defence Announcement please?