3. Claim form from courts
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Claim form from courts
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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
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Re: Claim form from courts
« Reply #1 on: »
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
Protection of Freedoms Act 2012
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
legislation.gov.uk
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.
« Last Edit: Today at 11:36:06 am by jfollows »
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Re: Claim form from courts
« Reply #2 on: »
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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Re: Claim form from courts
« Reply #3 on: »
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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Re: Claim form from courts
« Reply #4 on: »
Quote from: jfollows on Today at 11:11:50 am
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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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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Re: Claim form from courts
« Reply #7 on: »
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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Re: Claim form from courts
« Reply #8 on: »
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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Re: Claim form from courts
« Reply #9 on: »
I have no experience with the SAR process, but
Make a subject access request
ico.org.uk
shows one route. Definitely the Data Protection Officer.
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« Reply #10 on: »
Quote from: jfollows on Today at 02:06:45 pm
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?

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« Last Edit: Today at 02:34:19 pm by Bigmac50 »
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Re: Claim form from courts
« Reply #11 on: »
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.
« Last Edit: Today at 02:46:55 pm by jfollows »
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