Smart Parking / DCB Legal claim - defence wording review

Piglet34

Hey - I'm looking for some help on a claim i've received, I have researched the threads in this group and they've been super helpful - thank you for that. Details below:

Summary:

Claim form received from DCB Legal acting for Smart Parking Limited, issued 15/09/2026. Alleged contravention 23/07/2023. I have already filed Acknowledgement of Service on 23/09/2026 ticking "defend all of this claim". 

This relates to a leisure centre parking where you need to log your vehicle reg number at the reception, but the signs saying to do this can be easily missed. I had two parking tickets for the same situation and received debt collector letters etc for both, but only one seems to have progressed to DCB.

I appealed to Smart Parking via their website on 27/08/2023 and received the generic response from them that all action has been suspended pending adjudication. I chased them on 1/11/2023 (maybe a mistake on my part). They responded on 8/11/2023 stating "We can confirm that we responded to your appeal via post on 14th September 2023 - please see below for a copy of our correspondence" with some images attached of a supposed response letter with a POPLA number (which had expired by this point). This is a complete lie as I never got this letter and the images they sent of the letter did not show my address at the top which further suggests it was never posted. I emailed them back on 08/11/2023 saying I never got the letter and they said on 15/11/2023 that given the time elapsed it had now been referred to debt recovery.

Defence wording:

I am unsure whether I can use the Meltof defence wording from the 12th April post as I can't remember whether I admitted to being the driver in the appeal I made to Smart Parking (I did it via the website and this isn't saved anywhere - stupid of me for not saving this!).

I could risk using the Meltof wording or I'm wondering if I need to use wording similar to Phillibbs16 post on 5th June but re-wording paragraph 3 to suit the particulars of my case?

If I use the Phillibbs16 wording, then should paras 4 and 4.1 from Meltof also be added to this?

Thank you so much in advance

Gr1pr

You should use the Meltof paragraph if the POC date is 2024 or earlier

Piglet34

Thank you! I will update as and when I receive an outcome

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82146825#Comment_82146825

You will be asking us for further advice long before any outcome ( which will likely be next year )

Keep following the 8 steps in the defence template thread in announcements near the top of the forum, followed by the advice in post 2 in the newbies sticky thread in announcements

Le_Kirk

With an issue date of 15/09/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 19/10/26

Piglet34

Hello again, I have today received an email from DCB Legal attaching evidence. This is a photo of my car driving in and out of the parking lot. You cant see the face of the person driving just the torso (it is actually my husband driving and I'm in the passenger seat although they wouldnt know this). Para 3 of the Meltof defence I used said there is no evidence - is this an issue now that they have provided it?

I have just seen that the original 2023 letter for the parking fine did include these photos so maybe an error on my part using that wording…

Gr1pr

No fine was issued, just a pcn invoice from Smart Parking back in 2023, before they started to comply with Pofa2012 last year , so the keeper has no legal liability and they definitely don't know who was driving unless somebody were to tell them

Just stick to the process and DCB LEGAL will discontinue just before the hearing fee is due

Coupon-mad

"You cant see the face of the person driving just the torso (it is actually my husband driving and I'm in the passenger seat although they wouldn't know this)."

It's a shame you didn't complain to the BPA in 2023 about the lack of POPLA code because you weren't driving (not legally liable) and could not have lost at POPLA.

Never mind, see it out and come back with your Notice of Discontinuance that DCB Legal will finally email over in 2027.

Piglet34

Thanks both for your help. I did complain to BPA in November 2023 and they unhelpfully said 'we are unable to become involved in matters relating to correspondence as we are unable to ascertain what was sent/received by either party’ (this relating to the fact that Smart Parking lied about sending me a POPLA code letter)

Coupon-mad

Ah my apologies, you tried everything!

Never mind, let them waste their time.