Help needed with Claim From HM Courts (SMART PARKING) Disabled Person

midimanuser

Hello,

I have received a Claim Form from the HM Courts & Tribunal Service.

The Claimant is : SMART PARKING LIMITED

DCB Legal is acting Solicitors.

It is an old PC dating from 05/05/2023.

At the time, I was disabled and a BLUE BADGE HOLDER parked in a disabled bay.

SMART PARKING dismissed my appeal and judged me as a normal person. Even though I was alone and had reduced mobility.

I feel that I should have been given more time to get around and seek assistance.

I have included a redacted Claim Form here with the POC

Claim Form

I don't feel that I have been able to be heard properly, and I don't need the added stress on top of my condition. I cannot believe that they have been pursuing me for this.

Do I need to go to MCOL and put in a defence?

I don't want to get a CCJ. And I certainly don't want to be bullied into submission and end up paying their extortionate, inflated charges.

Thanks

Gr1pr

Smart Parking via DCB Legal are pursuing tens of thousands of outstanding unpaid Invoices, its not personal, yours is just one of many

Its the Equality Act 2010 that is your protection, nothing to do with your blue badge

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

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

Le_Kirk

With an issue date of 20/05/26 and providing you complete(d) the AoS before or on 08/06/26 your defence deadline date is 4.00 p.m. on 22/06/26

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. It'll be discontinued just before the hearing fee falls due in the Autumn/Winter.

midimanuser

https://forums.moneysavingexpert.com/discussion/comment/82012326#Comment_82012326

Hi Coupon-Mad

I have done everything in the guide and copied the template, which I think is right for SmartParking.

It says to copy your Paragraph 3 in your own thread.

I have created my Paragraph 3 but I would like some help before submitting it.

In my appeal letter, I notified them that I was the driver of the vehicle. So they have that in my appeal correspondence.

But I am registered disabled, and that was part of the reason why I got the ticket, because I was on my own and had no assistance to interpret the signs, or move about as quickly as a normal person.

So that ties into my defence statement.

I would like to submit my defence on MCOL, but I would appreciate someone to look it over to make sure I am not doing anything foolish.

Thanks

Gr1pr

Copy and paste your paragraphs 2 & 3 below, if they are not the same as the defence template by mse member meltof, especially if they know who was driving

The POC allegation is, Insufficient paid time

Coupon-mad

"It says to copy your Paragraph 3 in your own thread."

But you aren't using that version!

My advice above is clear: the Meltof defence IS the defence for Smart cases.

midimanuser

https://forums.moneysavingexpert.com/discussion/comment/82039422#Comment_82039422

Hi Gr1pr,

I am using the template that the 8-step guide says to use.

Here are my paragraphs 2 and 3

Para 2 :

2. The allegation(s) are vague, and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making it difficult to retrieve material evidence, which is highly prejudicial. The Defendant has little knowledge of events, save as set out below and admits that they were the registered keeper.

^^ADD 'and driver' if admitting that.

if you were not driving and believe the NTK was non-POFA, add that fact.

Change 'registered keeper' to hirer or lessee if it's a company or lease/fleet car (you are not the rk in that case).

Except in cases with no breach specified (see link in post 1 above) paragraph 3 is yours to write and the finished defence is your own work.

Para 3:

This case involves an old Penalty Charge Notice (PCN) from [insert date], which was issued so long ago that I have limited recollection of the event. As a result, it is difficult for me to recall the specific details.

As a disabled user I struggled to understand the wording regarding the parking conditions for disabled users, so I went to the hotel reception to confirm whether I needed to pay for disabled parking.

I subsequently appealed the Smart Parking PCN, but they showed no compassion and did not acknowledge that I should have been given more time to understand the situation. My appeal was ultimately rejected, and I was treated as an able-bodied individual.

Now, several years later, they are pursuing this matter again, which is causing me additional stress as I am currently awaiting neurosurgery for my health issues.

Thanks

Gr1pr

Paragraph 2 required an ending as described in the bold text ( but the bold text is not to be used, its advice )

Or, you end the Paragraph 2 after the word keeper, which is the first 3 sentences in your copy and paste

Your paragraph 3 is a witness statement, not a defence paragraph, it is always written in the 3rd person, no Me or I etc

But

Coupon-mad suggested that you stick to the 11 paragraph template defence by member @Meltof dated 12th April

Umkomaas

Click on the user’s name > > @Meltof < < and that will take you to his profile and the Thread(s) and Comments he has made. The defence you want is from his input to the Smart Parking Group thread on 12/04/26. You can track down the defence from the above starting point.

midimanuser

https://forums.moneysavingexpert.com/discussion/comment/82041589#Comment_82041589

I think I am just going to copy the @meltof response from 12th April in full and submit it.

And save the rest for later if they proceed further.

I only have 2 more days to submit my defence, and I am not well with all of this on my mind too.

I submitted an appeal to them in the past that said I was the driver so they have that.

Do I have to put in the accurate PCN costs on the defence template.

Thanks