Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Bigmac50 on May 10, 2026, 10:44:56 am
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Never, ever, talk to anyone. Everything in writing. Block the number.
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Just a update today i received a call from the debt company chasing the fine, I answered but it was a automated message with options like press 1 to connect to a operator, press 2 to pay a fine etc. is it best to ignore these or is it best to talk to them?????
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That seems far better and to the point and thank you very much, I’ve just gone to fill in the relevant forms but it says from today 9am the service is undergoing maintance…. Many thanks again
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You're still over complicating the defence - let's try and make life easy for the Judge.
1. The Defendant denies the claim in its entirety and no debt is owed to the Claimant.
2. It is acknowledged that I was the Registered Keeper of the vehicle at the material time.
3. The Claimant is unable to identify the driver at the material time and there is no legal obligation for the vehicle keeper to provide this information to the Claimant and I will not be doing so under any circumstance.
4. The Claimant appears to be relying on Protection of Freedoms Act (PoFA) (2012) which allows them to transfer liability from the unknown driver to the Registered Keeper but ONLY when the strict requirements of the legislation are met.
5. That, in this instance, the Claimant is unable to meet the requirements of PoFA as the Claimant's Notice to Keeper (NtK) was not delivered to the Registered Keeper within the statutory timeframe of 14 days from the date of the alleged parking event.
6. That the Claimant's issued NtK shows that the alleged parking event took place on 4th September 2022 but the notice was not even issued until 22nd September 2022 - this is very obviously well beyond the 14 day period.
7. That with the Claimant unable to rely on PoFA there is no legal route to keeper liability in this matter.
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I would recommend submitting your defence online using the MCOL platform, but I think the defence needs some work.
Currently, you state that the notice with which you were issued does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act, then quote said act at length, but you do not state which part(s) of PoFA you believe it does not comply with, nor do you explain why that means that you as the registered keeper do not owe the sum claimed.
You can elaborate when you get to the Witness Statement stage, but I'd say a bit more now too - don't make the judge do the work for you. State how the parking company have not complied, and why this means that you are not liable.
Make sure you've responded to every allegation made in the particulars of claim.
IN THE COUNTY COURT
CLAIM NUMBER ..
BETWEEN,,, claimant and defendant
DEFENCE
the defendant denies the claim in its entirety. The defendant asserts that there is no liability to the claimant and that no debt is owed.the claim is without merit and does not adequately disclose any comprehensible cause of action.
The notice to keeper does not comply with schedule 4 of the protection of freedoms act 2012,I am not liable through the grounds of smart parking did not comply with the legislation to transfer liability to me the registered keeper within the 14 day time frame.
Alleged contravention 4/9/22
Date sent 22/9/22
Date delivered 26/9/22
Which is beyond the required 14 days
1,notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
STATEMENT OF TRUTH
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its Truth
Signed, ME
Date, today
I’ve added the 14 day rule to this, it’s a learning curve for me and really appreciate any help and thoughts on it.
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I would recommend submitting your defence online using the MCOL platform, but I think the defence needs some work.
Currently, you state that the notice with which you were issued does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act, then quote said act at length, but you do not state which part(s) of PoFA you believe it does not comply with, nor do you explain why that means that you as the registered keeper do not owe the sum claimed.
You can elaborate when you get to the Witness Statement stage, but I'd say a bit more now too - don't make the judge do the work for you. State how the parking company have not complied, and why this means that you are not liable.
Make sure you've responded to every allegation made in the particulars of claim.
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Is it ok to send defence to the following email. claimresponse.cnbc@justice.gov.uk
Is the defence any good ? Thanks for any help advice
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IN THE COUNTY COURT
CLAIM NUMBER ..
BETWEEN,,, claimant and defendant
DEFENCE
the defendant denies the claim in its entirety. The defendant asserts that there is no liability to the claimant and that no debt is owed.the claim is without merit and does not adequately disclose any comprehensible cause of action.
The notice to keeper does not comply with schedule 4 of the protection of freedoms act 2012
1,notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
STATEMENT OF TRUTH
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its Truth
Signed, ME
Date, today
Would this be ok for a defence ??
Also can I email this to claimresponse.cnbc@justice.gov.uk
As I’ve seen this given on similar cases, include claim number in subject field
Many thanks
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You’ve reiterated the law, and thats fine, but why are you not liable, what part of the law did the claimant not comply with?
You need to spell this out. I think I alluded to it earlier.
I am not liable through the grounds of smart parking did not comply with the legislation to transfer liability to me the registered keeper, also the driver is not known.
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You’ve reiterated the law, and thats fine, but why are you not liable, what part of the law did the claimant not comply with?
You need to spell this out. I think I alluded to it earlier.
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You use your MCOL account to enter a defence, do not counter-claim, and your defence should be along the lines stated here, that you are not liable because the driver has not been identified and Smart did not comply with the requirements of the legislation to transfer liability to you, the registered keeper.
Feel free to post your intended defence here first for comment.
DCB Legal won’t back down yet, you have to follow the process including mediation and submission of your N180 form, allocation of the case to your nominated court, but DCB Legal almost always discontinues before having to pay the court fee.
Search the forum for many, many similar cases.
8 June is now the deadline to submit a defence, so plenty of time.
IN THE COUNTY COURT
CLAIM NUMBER ..
BETWEEN,,, claimant and defendant
DEFENCE
the defendant denies the claim in its entirety. The defendant asserts that there is no liability to the claimant and that no debt is owed.the claim is without merit and does not adequately disclose any comprehensible cause of action.
1,notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
STATEMENT OF TRUTH
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its Truth
Signed, ME
Date, today
Would this be suitable it’s mostly your work but I added a few bits in, many thanks
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That’s amazing to know and thank you for your help, I will draft up a defense letter within the next few days 👍
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You use your MCOL account to enter a defence, do not counter-claim, and your defence should be along the lines stated here, that you are not liable because the driver has not been identified and Smart did not comply with the requirements of the legislation to transfer liability to you, the registered keeper.
Feel free to post your intended defence here first for comment.
DCB Legal won’t back down yet, you have to follow the process including mediation and submission of your N180 form, allocation of the case to your nominated court, but DCB Legal almost always discontinues before having to pay the court fee.
Search the forum for many, many similar cases.
8 June is now the deadline to submit a defence, so plenty of time.
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As expected, the notice from Smart does not comply with PoFA 2012 (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4) to transfer liability from the unknown driver to the registered keeper.
Alleged contravention 4/9/22
Date sent, presumed posted 22/9/2022
Date presumed delivered 26/9/2022
which is well beyond the 14 day limit in the legislation.
As long as the driver has not been identified, the liability can not be transferred to the registered keeper.
9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
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I’ve filled out a acknowledgment of service to get the extra time, I’ve also been given the SAR details back from smart parking I’ve included a link to view pics
https://www.imagebam.com/view/ME1CXZKW https://www.imagebam.com/view/ME1CY1V1 https://www.imagebam.com/view/ME1CY27A https://www.imagebam.com/view/ME1D41VH https://www.imagebam.com/view/ME1D41VJ
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I’ve done one including 3 pieces of ID, I looked and found a template for requesting a SAR regarding a parking fine I’ve included the link below it may come to someone’s help just have to fill in the missing blanks. I deleted the driver of vehicle out and just left the owner there.
https://www.google.com/search?q=drart+letter+asking+for+a+sar+over+a+private+parking+fine&ie=UTF-8&oe=UTF-8&hl=en-gb&client=safari&sei=A5IAavj8FJS_hbIP1rmpsAQ&dlnr=1
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I have no experience, your guess is as good as mine. Others may be able to advise, but don’t wait too long.
If you email directly, don’t forget to include the additional proof of identity and address, that much I recall.
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I have no experience with the SAR process, but https://ico.org.uk/for-the-public/make-a-subject-access-request/ shows one route. Definitely the Data Protection Officer.
Thank you for that I’ve looked at it and I’ve included a link to the form, what would I put in the details of personal info? Do I include the parking charge reference number? Or is it best to email the officer direct at smart parking?
https://www.imagebam.com/view/ME1CY27A
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I have no experience with the SAR process, but https://ico.org.uk/for-the-public/make-a-subject-access-request/ shows one route. Definitely the Data Protection Officer.
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I don’t have the original notices from smart parking but I will keep looking, only from when the ticket was transferred to solicitors. So I will get in contact with the data protection officer via email to request a SAR?? If that’s the correct way to get the SAR. In the meantime I will get looking as I may find the originals in the meantime. Many thanks
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Yes, so you have until 26 May to file a defence or AoS and, if the latter, 8 June to file a defence. By 4pm I believe.
If you post the original notice, then we can help construct a defence if - as suspected - it ‘s deficient. If you don’t have it, hopefully the SAR will obtain it for you before 8 June.
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https://www.imagebam.com/view/ME1CXZKW
That’s the link to the N1SDT as requested, I tried the link and it worked so hoping it’s ok thank you
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https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
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https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ includes directions on what to post and how.
Smart’s notices from 2022 generally didn’t comply with the requirements of the legislation https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 to transfer liability from the unknown driver to the registered keeper, so don’t identify the driver either here or in any correspondence. You should use a Subject Access Request to obtain the notice from Smart if you don’t have it.
It’s not a fine, it’s an invoice for payment under the contract the driver entered into by parking. There is a six year time limit under contract law to pursue.
If you post the front page of the N1SDT form with personal details (including claim number and password) but not dates obscured, we can advise further. You have 14+5 days from the date on the form to file a defence or Acknowledgment of Service; if you do the latter you have an additional 14 days to file a defence.
That would be brilliant and thank you, I’m not sure how I post a picture up on this site there don’t seem to be an attachment icon anywhere.
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Your AoS and defence can be submitted online through MCOL so you should use the id/password on the form you have received to set this up.
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You should search this forum for Smart and DCB Legal to acqaint yourself with the likely process. Understand that DCB Legal will threaten and harrass you, but almost always discontinue defended cases before they are required to pay the court fee.
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https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ includes directions on what to post and how.
Smart’s notices from 2022 generally didn’t comply with the requirements of the legislation https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 to transfer liability from the unknown driver to the registered keeper, so don’t identify the driver either here or in any correspondence. You should use a Subject Access Request to obtain the notice from Smart if you don’t have it.
It’s not a fine, it’s an invoice for payment under the contract the driver entered into by parking. There is a six year time limit under contract law to pursue.
If you post the front page of the N1SDT form with personal details (including claim number and password) but not dates obscured, we can advise further. You have 14+5 days from the date on the form to file a defence or Acknowledgment of Service; if you do the latter you have an additional 14 days to file a defence.
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Hi there I’m new to this and hope I’ve come to the right place,I got a private parking fine from smart parking ltd. The date of the incident was sept 2022 (is there a time frame for this?). I have now received a letter from HM courts informing me that I owe DCB legal £307. I have a claim form which includes N9A and N9B forms,i have 14 days to reply from the date of the letter. Do I pay the £307 or can I fight against this?? Also can I post pictures on here and if so how is this done. Many thanks if anyone can help