Show Posts - elatif

Quote from: jfollows on 24 Feb, 2026 10:44They do not know the identity of the driver but they know the identity of the registered keeper. In England & Wales liability can be transferred from the driver to the registered keeper according to the Protections of Freedom Act 2012. No such legislation exists (yet) in Scotland, so the registered keeper can ignore or refuse to pay any invoices as long as the driver is not identified.You do not lie, you simply refuse to identify the driver.That makes sense to me, really helpful thanks for a clear answer. If it goes further then is that the crux of the case that I make? Is that the usual approach taken for people in this situation in Scotland specifically?

Quote from: RichardW on 24 Feb, 2026 10:06In Scotland there is no keeper liability (yet...) - so they will be unlikely to take it any further.  But there is a current thread on here where they have taken one to court.  >99% if you weather the storm of debt collector letters, they will just give up.I hope this isn't a silly/naive question, but if there's no keeper liability does that mean that I will ultimately need to just deny being the driver of the vehicle at the time?  Or that they would need to prove I was the driver in order for me to liable?What happened in the other case?

Quote from: InterCity125 on 24 Feb, 2026 09:14Quote from: elatif on 24 Feb, 2026 09:05https://ibb.co/Xfcc5MbDThe car park is 88 Washington Street GlasgowIgnore this letter.Thanks! This was what I thought would be the case. Just don't acknowledge it at all?Is it likely I'll receive a follow up as a result? I'm trying to get prepared now for what might happen as it's starting to hang over me quite a bit.

https://ibb.co/Xfcc5MbDThe car park is 88 Washington Street Glasgow

I can't seem to attach the image , but it's a letter saying that Smart Parking has asked DCB Legal to review the case. "initial assessment shows that the parking charge remains unpaid. Unless resolved we may recommend to the client that the matter is escalated to one of our Scottish partners, who may be instructed to litigate on behalf of our client"

Hi, I have now received a letter from DCB Legal. Don't believe this is a letter of claim. The 14 days has passed (I received the letter fairly late) but what do I now need to do? I understand from reading that it's best to respond to DCB Legal when they contact you but I have not done so yet, and don't plan to until hearing some further advice. Should I be worried at this stage? Thanks in advance

I've been doing some reading. I think I understand my situation fairly well. From reading another case I found the below quote:As above... the driver should never be identified! They have no idea who the driver is. They only know the Keepers identity. There is no legal obligation on the Keeper to identify the driver and they should always decline to do so, unless we can verify that the original Parking Charge Notice (PCN) was issued in full compliance with POFA 2012. (not so) Smart Parking almost never comply with the requirements of PoFA to be able to hold the Keeper liable.First, you must ask yourself why you never received the original Notice to Keeper (NtK). Was your address on the V5C up to date at the time of the alleged contravention? Often people change address, update their drivers licence with the DVLA, not understanding that they also have to separately update their V5C information. Please double check that your V5C is up to date with your current address.Any debt recovery letters can be safely ignored. Debt collectors 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 enter into communication with a useless debt collector.As you have now received a Letter of Claim (LoC) from DCB Legal, you need to respond with the following to info@dcblegal.co.uk and also CC in yourself:However in the case in question it was confirmed that the V5C was *always* up to date. In my case my V5C is NOW up to date but at the time of the alleged violation was not. What are the implications of this in my situation?

Right okay, thanks. What happens when I receive the letter of claim? I'm just asking for some peace of mind regarding what the actual consequences of my ignoring this are, and what my steps will be next. Got it, not paying anything. Loud and clear.Quote from: b789 on 04 Nov, 2025 19:30Which bit of the response I gave you yesterday in reply #3 is not clear?Why are you still calling it a "fine"? We have explained that it is simply a speculative invoice for an alleged breach of contract by the driver. You say you understand the difference between a criminal and a civil matter yet you are using terminology that indicates you don't.Either follow the advice and pay nothing or else overthink it, ignore the advice and you can deal with the consequences and waste even more of your hard earned money paying these scamming ex-clampers.Do nothing from now on until you receive a Letter of Clam (LoC). Come back when you do.DO NOT, EVER, communicate with a powerless debt collector. Ignore them. Nothing will happen because of that. They are POWERLESS to do ANYTHING!I don't know how to make this any clearer for you.

Sorry just a bump on this. I have contacted the DPO at smart parking to update my address. I do believe that the original PCN may have been for a valid violation of the parking rules (either forgot to pay or overstayed allocated time in a car park, by genuine accident). Does this change my circumstances? I read some of the advice on MSE but this seemed to be for *unfair* parking tickets.Should I be looking to pay the original PCN if possible, and ignore the DCBL claim?

Brilliant, thanks! That's eased my nerves a bit  Quote from: b789 on 03 Nov, 2025 21:03Quote from: DWMB2 on 03 Nov, 2025 20:34To put your mind at ease, have a search around on the forum for other cases conducted by DCB Legal - the number that have actually proceeded to a hearing are 2/3, out of several dozen (probably more than 100 at this stage).Here's some bedtime reading from our friendly neighbours on MSE: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONSApproaching 700 as of today.

Thanks, I appreciate it! Just for my peace of mind, where can I find more info regarding the template defence? I know it's civil court not criminal, but I've never had any such dealings so it's all a bit overwhelming to me. I'll be following advice though and *not* paying this.Quote from: DWMB2 on 03 Nov, 2025 20:34To put your mind at ease, have a search around on the forum for other cases conducted by DCB Legal - the number that have actually proceeded to a hearing are 2/3, out of several dozen (probably more than 100 at this stage).Here's some bedtime reading from our friendly neighbours on MSE: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

My concern is that the fine may well be legitimate, and it is totally my fault for not updating my V5C for so long that I wasnt receiving the letters. I'm concerned that if I choose to fight it I'll have no leg to stand on. Will I have to pay more than the current £170 if it comes to that?Quote from: DWMB2 on 03 Nov, 2025 19:04You're not delaying anything. If/when the parking company decide to instruct DCB Legal is their decision to make.DCBL aren't interested in anything other than making payment. If you plan to fight it, you must ignore DCBL and await a Letter of Claim

Sorry to sound totally ignorant, but if I ignore DCBL now and wait for DCB legal, am I just delaying the inevitable. Will I eventually get hit with something I have to respond to, and will I end up having to pay more in this case? What happens when DCB Legal get in contact? Sorry for the questions, I'm totally naive to all this!Quote from: jfollows on 03 Nov, 2025 18:56I suggest you block DCBL’s number and never talk to them again. They are powerless and not a party to your dispute.You will eventually get a Letter of Claim from DCB Legal to which you should respond.

Okay thank you. I've just received a call from DCBL and questioned them heavily on how they got my address, to which they started stuttering and avoiding the question, so I am starting to see they're not the scary animal they are presenting themselves as. They still insist that proceedings can be taken against me for not paying the balance. What's my absolute worst case outcome if I refuse to pay?In the meantime, what's my current play? You mentioned contacting the data protection officer at smart parking? Is there an official form or something I need to fill out and how do I find the correct contact? Thanks so much for your helpQuote from: b789 on 03 Nov, 2025 15:41Why are you afraid of court? It's not "Rumpole of the Bailey". This is not a criminal matter. It is a civil contractual dispute that is handled in the county court. There are no wigs and gowns etc. A county court judge is the ultimate independent arbiter of the dispute.Anyway, this would never reach the point of a hearing in front of a judge because in 99.999% of these cases, DCB Legal will issue an N279 Notice of Discontinuance before they have to pay the £27 trial fee.If you follow our advice, you will not be paying a penny to (not so) Smart Parking and you will have learnt how to stand up for your rights.

Hi,The parking form is Smart Parking (UK) Ltd.Sorry, I feel quite bad now for having paid the £120, but naturally I am a little intimated by their threats of taking me to court. How do I know I can ignore them and not risk being taken to court over this?Thanks for advice r.e. updating the address with Smart Parking, I will take action on this today. Yes, my V5C was updated during the summer and now correct.