Free Traffic Legal Advice

Hi,
I have received a letter dated 20/05/2026 from the HM Courts & Tribunal Service relating to a claim from SMART PARKING.
The offence they are stating relates to a Parking Charge on 05/05/2023.

This was an old penalty they were trying to chase me for.

I was a Blue Badge Holder who parked in a disabled bay and did not know I had to pay.
I asked at the venue reception because I was unsure, and they said I should be ok.

SMART Parking did not want to listen to me and said I was in breach of the terms of the signs.

They are now seeking £213.28, Court Fee £35, Legal Costs £50.

I don't know how the court process works, and I feel that no one wants to listen to or take my case seriously, other than charging me.

There was no way I intended to dodge paying a small parking fee. That would have been stupid, and I was honestly under the belief that I was ok after asking.

What can I do?

Thanks

 

Post the original notice from Smart here for us to see.
If you don’t have it, file a Subject Access Request with Smart to obtain it.
Have you written to them in any way in the meantime? Have you identified the driver? If not, make sure you do not identify the driver in any way.

Post everything relevant according to https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/. If you want advice, you need to give us information to go on.

Thank you for the reply.

I no longer have the original documentation that they sent me.
I believe that I read it online and submitted my appeal to them on their website at the time.

I do have a copy of the claim form from the Courts with the particulars of the case. With any personal details redacted. 

Particulars Claim Form

Should I contact SMART PARKING and request all the correspondence under a subject access request?

Thanks

Quote

If you don’t have it, file a Subject Access Request with Smart to obtain it.

You have until 22 June to file a defence, if you file an Acknowledgment of Service by 8 June.

You will get advice here on the court process, should it come to that. Smart is right in the sense that if the signs are clear, the driver entered into a contract under the terms displayed. Equally, if someone at the venue told you that you didn’t need to pay, this is a good point.

In the meantime, research by searching the forum for Smart and DCB Legal. The latter usually discontinues court claims before having to pay the fee, but you have to defend the claim properly in the first place.

Hi jfollows.

Am I right in saying that I need to
1. Register with MCOL and acknowledge the Service Letter.
2. Request a SAR for everything SMART PARKING have about me?
3. Then file my defence.

I don't have the original notice from SMART PARKING. So what happens with the timings while I am waiting for the SAR?   

I don't believe I explicitly told them I was the driver, but they could probably infer it from what I described in my appeal.

The signs were there, but I could not comprehend what they meant for disabled users. SMART PARKING even state on their site that it can be confusing, "and to avoid confusion, you should always check the terms". That is what I did, but I was confused by the terms, which is why I had to seek clarification from someone I thought would ideally know reception. 

Based on what I was told, I assumed I was okay; otherwise, I would have gone back and paid.

Why would I have risked getting a penalty over a couple of pounds if that? It just doesn't make sense

Thanks

The time critical one is the SAR, do this as a matter of priority. You want to have the response to this before your defence deadline.
What exactly did you say in your appeal?

I can't remember now because I submitted it online, and I can't find a receipt for it.
Maybe I could try to see if they still have it on file.

They will send it as part of their SAR response.

I have just been on their website and located the ticket.

There is nothing in the evidence to say I submitted an appeal. 

It also states that you should submit a copy of your blue badge when making an appeal, as it will help your case.

I can't remember doing this either because it was so long ago.

I will have to make a subject access request. 

Thanks