Author Topic: Claim Form  (Read 419 times)

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Claim Form
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Hi everyone,

I have recently received a claim form from DCB regarding a parking charge from December 2024.

I am the owner of the car and the driver parked at a gym car park and later got a parking ticket.

Drive spoke to the gym manager at that time, and he said that if a one month gym membership was taken out, he would be able to cancel the parking ticket. Based on that, driver took out the membership.

After that, I moved to another city and thought the issue had been sorted. However, I've now received the claim form date 19 May 2026, which I only found out as I was away.

I don't have the full original parking ticket, just part of the photo evidence, which I've been able to get hold of.

I have attached the claim form. Could someone please help me understand what's going on and what I should do next?


https://imgpile.com/p/czB3vSF
https://imgpile.com/p/czB3vSF#BlGs0cZ


Thanks.

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Re: Claim Form
« Reply #1 on: »
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ requests, amongst other things, that you do not obscure dates as you have done.

You have 14+5 days from the date on the N1SDT form to file a defence or an Acknowledgement of Service; if you file AoS you have a further 14 days to file your defence.

If the PCN you posted part of is the original PCN and if you have not identified the driver then you have a defence that the PCN was sent too late to use the Protection of Freedoms Act 2012 to transer liability from the unknown driver to the registered keeper.

Search the forum for similar examples and their associated defences. Do not overlook your deadlines for submission which only you know.
« Last Edit: June 02, 2026, 06:37:27 am by jfollows »

Re: Claim Form
« Reply #2 on: »
Letter was issued on 18 May 2026.

To be honest as it has been more than a year I do not remember if I mentioned anything about the driver in appeal or not.

Re: Claim Form
« Reply #3 on: »

Re: Claim Form
« Reply #4 on: »
Therefore you have until 8 June to file your defence or Acknowledgment of Service
If you file an AoS by then, you have until 22 June to file a defence
If you send a Subject Access Request to the parking company (Smart Parking, NOT DCB Legal) asking for all personal information they hold on you including anything sent from you to them, you could get a copy of your appeal, but you need to do this as a matter of urgency to meet the 22 June deadline for filing your defence.

PS 19 May makes no difference to these deadlines

PPS If you never sent an appeal to Smart Parking, then clearly you did not identify the driver.
« Last Edit: June 02, 2026, 05:51:11 pm by jfollows »

Re: Claim Form
« Reply #5 on: »
I am unsure if I previously submitted an appeal, although I am fairly certain that I have not  :(

Re: Claim Form
« Reply #6 on: »
I am unsure if I previously submitted an appeal, although I am fairly certain that I have not  :(

A SAR will reveal this info so act quickly.

Re: Claim Form
« Reply #7 on: »
okay.

Re: Claim Form
« Reply #8 on: »
I got reply this reply from them

"Further to your recent Subject Access Request.
Please find attached all personal data held on Smart Parking’s systems in relation to you and your PCN. The data provided has been re-generated from our system as we hold data in raw form, rather than hard copies of paperwork. For this reason, letters are not reproduced on headed paper and the date displayed is the date of reprinting, rather than the original date. If we are able to provide the original, the same will be attached here for you.
For clarity, Smart Parking process personal data in relation to vehicles which enter the sites we manage, for the purpose of effectively managing car parking sites, including to confirm if a parking contravention has occurred, and for issuing parking charge notices which arise as a result of contravention of our terms.
Our lawful basis for processing this data is our legitimate interests and third-party legitimate interests of our landowner clients. We process your data in the least invasive manner possible and ensure that any data we process is minimised.
We do not retain data beyond the period necessary in order to carry out the purpose referenced above.  Only anonymised data is kept thereafter for the purposes of DVLA and trade association auditing.
We trust the above information is of assistance, however if you have any further queries, please do not hesitate to contact us.
We have also provided a copy of our terms and conditions for reference."

And it only shows the PCN number, my details (name, address and car registration number), contravention date, location and contravention P15 number.

Re: Claim Form
« Reply #9 on: »
So, is there a PCN to post up for us to check?

Re: Claim Form
« Reply #10 on: »
No, they haven't shared.

Re: Claim Form
« Reply #11 on: »
Can someone help me with it, please

Re: Claim Form
« Reply #12 on: »
Anyone who can help me? As I am approaching the end of date

Re: Claim Form
« Reply #13 on: »
Yes - the PCN in your first post is out of date for keeper liability.

You can submit a short but too the point defence.



1. Liability for the alleged debt is denied in its entirety and no money is owed to the Claimant.

2. It is acknowledged that I was the Registered Keeper of the vehicle at the material time.

3. That the driver of the vehicle is not known by the Claimant and there is no legal requirement for me to reveal who was driving at the material time and, as such, I will not be providing that information under any circumstance.

4. That the Claimant is attempting to rely on PoFA to invoke what is known as 'keeper liability' in an effort to move liability for the parking charge from the unknown driver onto myself.

5. That the Claimant is unable to rely on PoFA keeper liability in this particular instance because the Claimant's Notice to Keeper (NtK) was not served on the Registered Keeper (myself) within the required period of 14 days from the alleged contravention.

6. That with the driver unknown and with PoFA unavailable, there is no legal route by which the Claimant can hold me liable for the parking charge.

7. On the basis of all the above the liability for the debt is denied.



Re: Claim Form
« Reply #14 on: »
The PCN contravention date in the first post is 29/11, whereas the one referenced in the claim is 06/12. So either there are 2 PCNs in play, or DCBL have messed up the POC.  What date / ref no was on the SAR response from Smart?