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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

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.

Thank you. Don’t find it rude at all. I’m glad I asked. I said I needed help.

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:

(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.

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.