Dcbl/smart parking advice

David1991

Hi guys, so I received a letter of claim for two Smart Parking tickets.

I’m guessing as most of you do I ignored the demands. I then received a letter of claim from Dcbl.

I understand there is a newbies thread for this type of thing but I’m a bit confused.

I emailed dcbl using the reference as the subject header. The email I sent them is below;

Dear whom it may concern,

Your Letter of Claim, dated 9th July 2026, contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims.

I am the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, your client cannot pursue me as driver as per VCS v Edward (2023) [H0KF6C9C].

As you and your client are well aware, there can be no keeper liability as defined in Schedule 4 to the Protection of Freedoms Act 2012 as they have already stated that they are not relying on the Act. So your client cannot pursue me as keeper.

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable and vexatious conduct under Part 27.14(2)(g)

As your letter lacks specificity and breaches the requirements of the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2) as well as the Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)), you must treat this letter as a formal request for all of the documents/information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol.

As solicitors you must surely be familiar with the requirements of both the Practice Direction and the Pre-Action Protocol for debt claims and your client, as a serial litigator of debt claims, should likewise be aware of them. As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is embarrassing that a firm of Solicitors are sending a consumer a vague and un-evidenced 'Letter Before Claim' in complete ignorance of the pre-existing Practice Direction and the Pre-Action Protocol.

I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; for how long it is claimed the vehicle was parked, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. If the claim is for a contractual breach, photographs showing the vehicle was parked in contravention of said contract.
7. Is the claim for trespass? If so, provide details.
8. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA/IPC Private Parking Single Code of Practice (PPSCoP).
9. a plan showing where any signs were displayed
10. Photographs of the signs displayed (size of sign, size of font, height at which displayed) at the time of any alleged contravention.
11. Provide details of the original charge, and detail any interest and administrative or other charges added
12. Am I to understand that the additional £70 represents what is dressed up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?
13. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully

I then received an email from dcbl;

Dear Sirs,

We thank you for your recent email.

We take the confidentiality of our matters very seriously and as a result, we ask you to answer the following security questions in full before we can correspond with you via email.

Please could you confirm:

• Your full name
• First line of your address
• Postcode

By responding to this email, you consent for us to use this email address for communication in relation to your case, this may contain information that is personal to you. When communicating by email, please remember that it may be ‘unsecure’. If at any time, you no longer wish for your personal information to be communicated by email, or you no longer have access to this mailbox, please notify us immediately.

Should you prefer to discuss this matter on the telephone, please do not hesitate to contact us on 0203 838 7038.

Kind Regards,

Correspondence Team
Direct Collection Bailiffs Ltd

This is the bit I’m confused about.

is it okay to reply back to this or leave it?

thanks guys!

Gr1pr

Yes, prove that you are you

Coupon-mad

Of course it's OK. 😋

David1991

okay thanks guys!

So what will happen now?

And was that initial email I sent to them okay?

Thank you again guys.

Gr1pr

Wait for a future court claim pack from the CNBC in Northampton using MCOL, then come back to this thread and also study the first 2 posts in the defence template thread in announcements near the top of the forum, plus study the 2nd post in the newbies sticky thread in announcements too

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82103521#Comment_82103521

Yes it was fine.

Next, you'll be playing the Claim Game which always ends with them discontinuing.

David1991

Hi people thanks for all the help so far.

I’ve been away for 3 weeks, I now have a claim form, issue date 3rd September! Today’s date is the 30th September

I’ve read the sticky post but a bit confused with all the information.

Do I fill out this acknowledgment of service I have received and send it back via post?

Thanks for the help.

Coupon-mad

Absolutely not. That is exactly how to get a CCJ this late on.

You may well already have a CCJ, so obviously you log into MCOL and immediately do the AOS right NOW if you still can! NOW…

The Template Defence thread coaches you through it (online) page by page.

No paperwork and NO POST.

Coupon-mad

Tell us if you have already lost the race.

There is a way to avoid paying it and still wipe the CCJ.

David1991

Thank you for all the help people really appreciate it.

I've just registed on the MCOL and tried doing the AOS.

It says;

Claim History

A claim was issued against you on 03/09/2026

A judgment was issued against you on 29/09/2026 at 19:09:55

Available options

A Judgment has been entered against you. You cannot respond to the claim at this time but you may apply for the judgment to be set aside.

Applications

Select this option if you would like to make an application to set aside a Judgment.

So I'm too late to issue a response then I'm guessing :(.

Can I click set a side? What would be the next step?

Thank you!

Coupon-mad

"Can I click set a side? What would be the next step?"

No you don't click that. This is serious but there is away to overcome it.

Send me a pm on Tuesday 6th as my contact who assists with these is away.

I will explain all then if you pm me then.