Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Howto. on May 12, 2026, 06:28:04 am
-
Something simple - I provided this twice yesterday for two other Smart Parking Claims;
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 1st July 2024 but the notice was not even issued until 22nd July 2024 - this is very obviously well beyond the 14 day period.
7. That with the Claimant unable to either identify the driver or rely on PoFA there is no legal route to keeper liability in this matter.
-
Many people start their defence with a simple sentence along the lines of "It is denied that the Claimant is entitled to relief in the sum claimed or at all."
Procedure Rules aside, there is a general principle that any claim or assertion by the other party that is not addressed is deemed to have been conceded.
-
Many people start their defence with a simple sentence along the lines of "It is denied that the Claimant is entitled to relief in the sum claimed or at all."
Following this, you set out your defence, in numbered paragraphs. You should deal with each allegation made in the particulars of claim, stating whether the allegation is admitted, denied, or you are unable to admit or deny it, but require the Claimant to prove it. From the Civil Procedure Rules (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.5):
(1) In the defence, the defendant must deal with every allegation in the particulars of claim, stating—
(a)which of the allegations are denied;
(b)which allegations they are unable to admit or deny, but which they require the claimant to prove; and
(c)which allegations they admit.
(2) Where the defendant denies an allegation—
(a)they must state their reasons for doing so; and
(b)if they intend to put forward a different version of events from that given by the claimant, they must state their own version.
(3) If a defendant—
(a)fails to deal with an allegation; but
(b)sets out in the defence the nature of their case in relation to the issue to which that allegation is relevant,
the claimant is required to prove the allegation.
I would recommend reading as many defences on here as you can - preferably recent - and preferably not the blanket 'template' defences that state the Particulars of Claim are vague, but do not actually deal with any of the allegations.
-
Is it ok to just put I defend this case in full or do I have to list every particular of claim and say I defend it? Sorry for being so naive. Thank you
-
Thank you. Don’t find it rude at all. I’m glad I asked. I said I needed help.
-
I don’t know how to put this other than this is terrible, and you need to start again. I’m not trying to be rude.
Facts, short paragraphs are all that is required.
0. You are defending the case in full.
1. That you are the registered keeper and not liable because the driver has not been identified and because Smart failed to comply with the Protections of Freedom Act to transfer liability by issuing the PCN xx days after the original event. State the relevant days.
2. That you submitted an appeal on xx/yy/zzzz in which you made this point but never received a response to your appeal.
That’s it. All the rest is just confusing waffle. Don’t attach things here, that will come in due course in the unlikely event this actually goes to court.
But wait for other comments as well. I may have missed some points.
-
This is what I’m writing for my defence. Is it enough? Am I waffling on?
I am defending the debt that DCB legal say I owe for a parking charge.
The parking charge came from a company called Smart Parking Ltd.
Smart Parking failed to comply with the strict timing conditions set ou by schedule 4 of the Protections of Freedoms act 2012.
I, the defendant, am the registered keeper of the vehicle. The driver had not been identified at the time of the event.
Smart parking had failed to meet the requirements of PoFA 2012 to transfer the alleged breach of contract to the keeper. ( Please see attached evidence 1. PCN as evidence and note the date of contravention and date of issue are 21 days apart. There was also the time it was within the mailing service to add to those 21 days)
I appealed to Smart parking. Stating that the parking charge notice was clearly sent after the 14 days set out by PoFA 2012. My appeal was sent within the 28 days of the notice being issued. I had an acknowledgement of my appeal. (Please see evidence 2. Acknowledgment email. Note the date of acknowledgement is within 28 days of the date the pcn was issued)
You can not email your appeal to Smart parking you have to use their online form. At the time I wasn’t savvy enough to copy my appeal but hoping the appeal acknowledgement email should be enough to prove my appeal. Since the acknowledgement Smart parking have not responded. I did not receive a 10 digit code to appeal to PoPLA. Smart parking therefore is in breach of their trade association’s, British Parking Associations, code of practice. I checked my junk and spam and all other emails for 60 days and heard nothing. After numerous attempts to contact Smart parking for a response I heard nothing back. I then received a letter from debt collectors on the 10th of October 2024. Had my appeal failed I should’ve been sent a 10 digit code so I could appeal through PoPLA. I continued to try to contact smart parking but didn’t get a response. It all went quiet for around a year and then I started receiving demands for payments from DCB Legal.
I have explained to DCB Legal that I still haven’t had a response to my appeal and that they have no proof of debt. I have asked for proof. I have asked for the original pcn. I have asked for any photographs and proof that there was an outcome to my appeal and the 10 digit code that would’ve been sent to me. I am told these aren’t reasonable requests.
-
Just structure it logically, ie you are the registered keeper of the vehicle, the driver at the time of the event has not been identified and Smart has failed to meet the requirements of PoFA 2012 to transfer liability to you because …. and therefore you are not liable for any alleged breach of contract by the driver of the car.
You can mention the appeal if you want because it demonstrates you tried to resolve this without going to court, but the claimant never responded. If you mention the appeal, state the basis on which you appealed also.
Post it here for comments if you want.
-
Hi
I’ve filed an acknowledgement of service so now have to prepare my defence.
Do I state…non-compliance with PoFA 2012 and the reasons why with proof that the parking charge was sent outside of the 14 days. Do I then state the driver has not been identified? Do I also say I did not have an answer to my appeal. I know it’s up to me to do this. I want to get it right. I would really appreciate help from people who know.
Thank you
-
The above article is brilliant!!! Thank you. I will definitely defend. I must be one of the stupid gullible ones. I nealy ducked out at the last hurdle. Thank you 🙏
-
I’m a bit lost at how to do that at the moment. Do I have a good enough case? The 14 day rule? Is it also wrong not to have an outcome to an appeal. I’m no good at speaking legal jargon. Worried I’m missing something.
-
Read https://www.ftla.uk/private-parking-tickets/kellys-storage-luton-universal-parking-enforcement-ltd/msg59804/#msg59804 on CCJ.
Read up on the Small Claims Track and see that costs are very limited if you lose.
File AoS or defence by 26 May
File defence by 9 June if AoS is filed
-
https://ibb.co/MxpgqVfx
-
https://ibb.co/yccY9LNL
https://ibb.co/Q7hYtxXy
Yes it was a letter HM courts and tribunals service at the civil national business centre. If I don’t respond in the time frame I could get an automatic ccj. If I defend and it goes to court, and lose, will I then automatically get a ccj? What would be the maximum costs I’m looking at if I end up paying the legal companies solicitor fees?
Thank you for any help and information.
-
The phone conversation was me trying to say I should have a 10 digit ref to appeal to POPLA if my appeal was unsuccessful. This was in Feb this year. I then stated that the parking notice was outside poplas 14 days and that there was more than 1 person that could drive my car so the 14 day rule should apply. It would be hard to remember who was driving if the time frame was longer than that 😬. The person on the other end kept repeating I was in breach of contact and needed to pay. I said the amount remains the same until the outcome of my appeal. They didn’t send me an outcome and nor have I had any information I’ve asked for from them.
-
I could not find a N1SDT county court claim in the posts above. You say you have “a notice for a CCJ”. What’s this?
Parking companies routinely deny valid appeals, so don’t take this too personally.
If you do have a county court claim which I missed, please note its deadlines carefully.
If not, you’re probably waiting for a Letter of Claim from DCB Legal, to which you will need to send a response. There is then a court claim, and DCB Legal usually discontinues these claims eventually if they are defended.
Your defence looks like non-compliance with PoFA 2012 and the driver has not been identified. Will you please post a clearer copy of the original PCN, with all dates showing as well?
-
https://ibb.co/1f58gR47
https://ibb.co/21KkyBLm
https://ibb.co/CsmyKrP3
https://ibb.co/V0sNgTky
https://ibb.co/chrBZ4gZ
https://ibb.co/RkHKpQ2Y
https://ibb.co/6cQVHk97
https://ibb.co/RpfDRDc5
https://ibb.co/wFYJkMFn
https://ibb.co/KchHXpW0
https://ibb.co/LDSCMKfY
https://ibb.co/XZRCfPGJ
https://ibb.co/LVdGRm5
Sorry it’s taken so long. I’m not great at anything tech related.
-
Thank you.
There’ll be more to follow. I also had telephone conversation with the debt collecting agency.
General advice: as in Reply #2 above
- Ignore debt collectors completely
- Do not have telephone conversations with anyone, including debt collectors
You need to have everything in writing, and you run the risk of inadvertently damaging your position during a telephone call.
-
Thank you.
There’ll be more to follow. I also had telephone conversation with the debt collecting agency.
-
Read the link I posted earlier.
-
Hi
Thank you. I’ve been trying to upload a file. I must be missing something. I can’t see where I can upload. When I click on attachments and other options it doesn’t show me anything. Thank you for any advice
-
Do not continue to contact any of these people, they may well try to get the drivers ID which you must not divulge.
Everything in writing.
Post up what you have received, including a copy of the PPN.
Also, this is not a FINE, it is an invoice.
-
Please slow down, read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and post the things you have sent and received for us to see.
If the PCN from Smart was issued too late, then if the driver has not been identified the liability can not be passed to the keeper under PoFA 2012 (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4).
But whether or not this can be a defence for you remains to be seen.
If you have a N1SDT court claim form, you have 14+5 days from its date to file a defence or an Acknowledgment of Service, and if you file the AoS you get an extra 14 days to file a defence. When you show us this form, obscure your personal details and the password.
-
Hi
I had a smart parking fine through the post. The fine was for the 1/07/2024 the issue date was 22/07/2024. The letter stated it was to my name but no mention of driver or keeper. No mention of POPLA on the parking notice. I appealed saying that as this is notice to keeper it does not meet POPLA’s 14 day rule of receiving the PcN within 14 days. They sent me an email acknowledging my appeal but didn’t ever give me an outcome. My appeal was well within the timeframe of appeal. I have had lots of threatening letters through the post from a debt collecting agency and now a notice for a ccj. I have contacted the company sending threatening letters and explained the situation. I’ve asked for proof that there was an outcome to my appeal and the 10 digit reference code. I’ve asked for information like photos and the pcn. I’m told that these are unreasonable requests. If I put all this through as my defense in court will I win or do I just pay the hugely inflated fine and forget about it.
Thank you
Hannah