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Smart Parking Ltd / DCB Legal

System
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This discussion was created from comments split from: Parking Claim defended, now Directions Questionnaire/mediation.
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  • TITLE: Smart Parking Ltd / DCB Legal — N5KF7Q72 — Rishworth Centre Dewsbury — AOS filed, need defence help
    ---
    Hi all,
    I've received an N1SDT claim form from the County Court Business Centre and have just filed my Acknowledgment of Service intending to defend in full. I now need help drafting a defence within the 28-day window. Following the Newbies sticky as best I can.
    1. Date of the infringement: 01/01/2024
    2. Date on the NTK (if received): Not known. I have no record of any Notice to Keeper. I do not retain parking company correspondence and cannot confirm whether one was ever received.
    3. Date received the claim form: [INSERT DATE THE CLAIM ARRIVED IN YOUR POST]
    4. Date of issue on claim form: 20/05/2026
    5. Have you Acknowledged the Claim? Yes — AOS filed via MCOL on 26/05/2026, defending in full. Reference 197900.
    6. Total amount claimed: £288.64- £170.00 PCN and damages- Interest (8% p.a. under s.69 CCA 1984)- £35.00 court fee- £50.00 legal representative's costs
    7. Who is the parking company? Smart Parking Ltd (5 South Inch Business Centre, Shore Road, Perth, PH2 8BW)
    8. Legal representative: DCB Legal Ltd, Direct House, Greenwood Drive, Runcorn, WA7 1UG
    9. Where did you park? Rishworth Centre, Dewsbury — a shopping centre car park, free for 3 hours.
    10. Vehicle registration in claim: AJ66JFF
    11. Have you appealed? No. I have no record of any prior correspondence from Smart Parking, DCB Legal, or any debt collector. The first communication I am aware of is this claim form, served over 2 years and 4 months after the alleged contravention.
    12. Particulars of Claim (as written):
    1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge (PC) issued to vehicle AJ66JFF at Rishworth Centre Dewsbury.
    2. The date of contravention is 01/01/2024 and the D was issued with a PC by the Claimant.
    3. The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Insufficient Paid Time.
    4. In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.
    AND THE CLAIMANT CLAIMS:1. £170.00 being the total of the PC 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 £0.04 until judgment or sooner payment.3. Costs and court fees.
    Background / context:
    - This is a free 3-hour shopping centre car park. Any alleged Insufficient Paid Time reason on the Particulars is therefore odd — the car park is free for 3 hours, with no payment required.- I have no recollection of the day in question due to the time elapsed (nearly 2.5 years).- I do not retain parking company correspondence and have no copies of any NTK or Letter Before Claim. I cannot confirm whether either was ever sent or received.- Claim issued 2 years and 4 months after the alleged contravention.- The Particulars refer to PC and damages without breakdown.- I intend to send a CPR 31.14 request to DCB Legal for the documents relied upon (contract/signage, NTK with proof of service, LBC with proof of service, photographic evidence, landowner authority, and breakdown of the £170 sum).
    Question on the Insufficient Paid Time wording:Given Rishworth Centre offers 3 hours free, can anyone help me understand on what basis Smart Parking can pursue Insufficient Paid Time when no payment is required for the first 3 hours? Would this be an overstay rather than non-payment?
    Grateful for any help drafting a defence and a CPR 31.14 letter. Will update the thread with any documents Smart Parking / DCB Legal produce in response.
    Thanks in advance.

  • MSE_Stephen
    MSE_Stephen Posts: 1,307 Community Admin
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    Hi @fruit_master, we've split this into a new thread for you.

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  • Gr1pr
    Gr1pr Posts: 16,078 Forumite
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    edited 27 May at 9:56AM

    I wouldn't worry about the intricate stuff at the moment, just acknowledge the claim on MCOL and defend it

    Use the bespoke Smart Parking template defence by member @Meltof posted on 12th April 2026 as your defence, no changes, no additions, no stories

  • Le_Kirk
    Le_Kirk Posts: 27,139 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    With an issue date of 20/05/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 22/06/26

  • Coupon-mad
    Coupon-mad Posts: 165,570 Forumite
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    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.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 165,570 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Did you get the easy copy & paste defence in? Takes ten minutes, simple stuff!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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