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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.

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Comments

  • Gr1pr
    Gr1pr Posts: 16,135 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    edited 14 September at 12:46PM

    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

  • Car1980
    Car1980 Posts: 3,599 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    Smart Parking claims are always discontinued. Just use the template defence.

  • Le_Kirk
    Le_Kirk Posts: 27,165 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    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 2026

  • Umkomaas
    Umkomaas Posts: 44,978 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    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 Street
  • PCNSlipstream
    PCNSlipstream Posts: 4 Newbie
    First Post First Anniversary
    edited 15 September at 12:59PM

    Thanks for the good advice and pointer towards what seems to be the definitive defence.

    [Image removed by Forum Team]

    [Image removed by Forum Team]

  • Gr1pr
    Gr1pr Posts: 16,135 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    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

  • Le_Kirk
    Le_Kirk Posts: 27,165 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    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

  • Le_Kirk
    Le_Kirk Posts: 27,165 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 16 September at 10:03AM

    IANAL but I suspect not! There are a couple of lawyerly types on the forum, one such being @Johnersh you could send a PM

    Did you read the Smart Parking group thread or @Umkomaas's discontinuance thread?

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