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No response: No contract
Fed up with no replies to my queries. (yes I made the mistake of appealing, as a genuine customer at clinic car park, I thought that evidence would be enough) So after several non replies I sent an e-mail clearly stating that a failure to respond within a reasonable time period would in effect cancel any deemed contract and nothing would be due or claimable. For the first time I actually receive an automated response, "Your e-mail has been received and will be reviewed". But never any reply to the questions.
I now have a Claim Form from DCB on behalf of Smart Parking.
Can I use the above deemed No Contract as a defence to have the claim stopped before a CCJ hearing.
Comments
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You could add it to your future Witness Statement, but your defence must refute the POC, not go off piste on questionable grounds not included in the POC, especially because they would not have accepted your terms & conditions , especially because they probably ignored it as absurd
There is little possibility of it going to a hearing
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
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Smart Parking claims are always discontinued. Just use the template defence.
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There is a special defence for Smart Parking. Go here: -
Smart Parking Group Thread
https://forums.moneysavingexpert.com/discussion/6642762/smart-parking-claim-via-dcb-legal-group-info-thread/p1
Use the version posted by @Meltof on 12 April 20264 -
Read the following thread so you are aware of how claims made by DCB Legal on behalf of parking firms, when defended, conclude.
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street3 -
Thanks for the good advice and pointer towards what seems to be the definitive defence.
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[Image removed by Forum Team]
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Your claim reference number and password are shown above, so delete them or report them
Issue date is 3rd September, by DCB LEGAL on behalf of Smart Parking
Reason, Unauthorised Parking
Complete the AOS stage online on MCOL
Then use the special template defence by member Meltof
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With an issue date of 03/09/26 and providing you complete(d) the AoS before or on 22/09/26 your defence deadline date is 4.00 p.m. on 06/10/26
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I sent an e-mail clearly stating that a failure to respond within a reasonable time period would in effect cancel any deemed contract and nothing would be due or claimable. For the first time I actually receive an automated response, "Your e-mail has been received and will be reviewed". But never any reply to the questions.
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Can I use the above deemed No Contract as a defence to have the claim stopped before a CCJ hearing.What made you think that has any legal basis whatsoever?
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If the elements of a contract are there - offer, acceptance and consideration then the existence of that contract cannot be denied just because someone wishes it so after the event. Were it otherwise we'd have no case law regarding contractual disputes.
None of which is to say that there isn't a meaningful defence to this or any other claim. Each case is different.
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