Smart Parking (via DCB Legal) - Angouleme Way, Bury - MCOL Defence Draft Check

Bushcamp25

Hi everyone,

I’m the registered keeper defending a claim from Smart Parking (issued via DCB Legal). The POC is incredibly vague- just the standard "Insufficient Paid Time" line, followed by the usual boilerplate claiming keeper liability under POFA 2012. Total claimed is £189.40, which includes the fake £70 debt collector fee + court costs.

They’ve completely messed up their timeline though and missed the 14-day window:

• Date of Event: 21/12/2024

• Date Notice Issued: 06/01/2025 (16 days later)

On top of the PoFA failure, the driver actually paid Bury Council in full and in good faith. It’s that awful, confusing split-layout trap at Angouleme Way where the Council car park sits right next to the private one with no clear boundaries.

I’ve taken the standard forum template and edited paras 2 and 3 to cover these exact facts. Could someone give it a quick once-over before I submit on MCOL today?

Paragraph 2:

a) The Defendant was the Registered Keeper of the vehicle but was not the driver at the time of the alleged incident. The Claimant is put to strict proof regarding the identity of the driver.

b) A valid parking fee was paid in full and in good faith to the Local Authority (Bury Council) via the local payment method for the duration of the stay.

c) The alleged contravention occurred due to a highly confusing, poorly demarcated, and ambiguous split car park layout at Angouleme Way, Bury. The George Street Council car park sits immediately adjacent to the Claimant’s private site without clear visual boundaries, barriers, or distinct dividing lines.

d) This layout creates an unmapped "concealed trap" or pitfall for motorists, effectively misleading the driver into paying the Local Authority infrastructure present on site rather than the Claimant.

Paragraph 3:

Pursuant to Schedule 4 of the Protection of Freedoms Act 2012 ('POFA'), the Claimant has failed to establish a lawful right to recover this charge from the Defendant as Keeper. The Claimant failed to serve a Notice to Keeper within the mandatory 14-day calendar window required under POFA paragraph 9(5). The alleged contravention occurred on 21/12/2024, but the notice was not issued until 16 days later on 06/01/2025. Because the Claimant failed to stick to the strict statutory deadlines of the Act they explicitly rely upon in their claim, there is no lawful transfer of keeper liability and the claim must be dismissed.

(Note: Keeping paragraphs 1, 4, 5, 6, 7, 8, and 9 exactly word-for-word as the master template).

I've attached a redacted photo of the POC. Does this look good to go? Thanks a lot!

Gr1pr

As this is Smart Parking via DCB Legal, use the 11 paragraph template defence by member meltof posted on 12th April, no changes, just copy and paste into MCOL, save, submit

Le_Kirk

What is the date of issue of the N1SDT claim form? Tell us this and we can let you know your deadlines.

Coupon-mad

Bin that defence and use the bespoke Smart parking version and add "The Defendant was the Registered Keeper of the vehicle but was not the driver "

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. Obviously, as they didn't use the POFA until 2025, theres no 'keeper liability' possible with Smart's claims for old PCNs.


These claims are all the same (none go to hearings) and the sheer numbers of Smart Parking claim threads - about half a dozen new ones EVERY DAY here - have driven us regulars a bit mad in April/May with this batch!

Literally read any Smart thread…

Follow the 8 steps in the Template Defence thread which also covers Mediation.

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

Read @Umkomaas'thread of over 875 examples . And counting!