Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Jwebz on June 06, 2025, 11:25:24 am

Title: Re: Smart Parking fine
Post by: Jwebz on June 06, 2025, 12:51:30 pm
Ok, sorry and many thanks for the advice! Guess it’s a waiting game until I receive additional communication. And when I do I will be sure to post.
Thanks again!
Title: Re: Smart Parking fine
Post by: b789 on June 06, 2025, 12:26:14 pm
Ignore anything from DCBL or any other debt collector. They are powerless to do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

Never, ever, EVER enter into communication with a useless debt collector. You have already done that and you are marked by them as low-hanging fruit.

If you follow the advice you now receive, you won't be paying a penny to (not so) Smart Parking. Continue to ignore any dent recovery letters.

Eventually, you will receive a Letter of Claim (LoC), most likely from DCB Legal (not DCBL) and you should let us know. We will provide a suitable response.

In due course, you will receive an N1SDT Claim Form from the CNBC. Again, show it to us and we will advise on how to respond and provide a template defence.

After many months, the claim will either be struck out or they will discontinue and that will be the end of the matter.

The "parking code of conduct" [sic], whatever that is, does not say that "customers" must be given a grace period on entry and exit. What the Code of Practice (depending on whether the operator is a BPA or IPC AOS member) allows is a minimum of 5 minutes "consideration period" which is not added to any allowed parking time. Only if a contract is established with the driver and, in this case, a parking session is purchased, then there is a "grace period", usually a minimum of 10 minutes beyond the purchased parking period.

So, you have done everything wrong up to this point, based on incorrect assumptions. However, as I have said, if you follow the advice from here on in, you won[t be paying a penny to (not so) Smart Parking.
Title: Re: Smart Parking fine
Post by: jfollows on June 06, 2025, 11:47:33 am
It’s not a fine, it’s some kind of speculative invoice.

Please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

Please post suitably redacted copies of the things you’re talking about, without them we’re guessing. Don’t obscure dates. Any and every document sent and received, apart from debt collectors’ letters which we don’t care about.

Ignore debt collectors, including DCBL.

Do not ignore a Letter of Claim, for example from DCB Legal.

Don’t worry about court, if they go down this route and you defend properly with advice from here they will eventually give up and discontinue.
Title: Smart Parking fine
Post by: Jwebz on June 06, 2025, 11:25:24 am
Hello, after some advice if possible pls.

Back in 2020 I received a letter saying I over stayed the max time (240mins) and sent a fine. I appealed this for several reasons.

They provided a time I entered the car park and a time I left the car park which equated to 257mins. Which I do not deny.

1. The payment machine wasn’t accepting contactless payment due to an error. I only had a £10 note on me, so I went to a shop adjacency to the car park to get some change to allow me to pay.
2. On return to my car, our newborn needed his nappy changed (before a 30min drive home) so this took 5mins or so to do.
3. The parking code of conduct clearly states a grace period must be given to customers both on entry and exit.

They rejected my appeal, I asked why and was told this is now with a debt collection service. I contacted the debt collection service who couldn’t provide me with much info.

Then today (5 years later) I have received a letter from Direct Collection Bailiffs Ltd to say I need to pay £160 straight away? And that I am no longer able to appeal, the only other option is to take my dispute to court?

Just don’t know what to do, really don’t like how they think they can bully people into paying.