Author Topic: Smart Parking (UK) PCN - DCB and DCBL letters received - Unauthorised Parking - Harwood House, Melton Mowbray  (Read 2423 times)

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Hi all,

I hope this finds everyone well. My wife and I have received two letters in quick succession, (dated 11th July and 16th July but both arrived this week) one from Direct Collection Bailiffs Ltd and one from DCB Legal. Scans with sensitive info omitted attached.

These are the first/only correspondence we have ever had (we, as a village, have had some trouble with Royal Mail deliveries arriving late or not at all) and they date back to an alleged contravention in Dec 2021.

The site in question has a car park shared by Harwood House and a charitable business called Melton and District Furniture Project (MDFP). The driver parked next to the latter business in order to offload some donations and load some purchases. The driver asked about parking at the time, and Melton & District Furniture Project (MDFP) took the registration of the vehicle and said they would sort it with the car park owners. Fast forward to now. The driver phoned MDFP this week who have said it's nothing to do with them and they can't authorise people to park there.

I shall encourage the driver to reach out to Smart Parking UK (or perhaps Harwood House?) if consensus agrees, but as every case is different I would love to hear the community's and experts' here thoughts on this please?

Link to Google Maps location below. From here one can see a large sign saying that the parking isn't for MDFP customers but there are two points for consideration here:

1 - The Google maps image is from July 2023. In December 2021, the driver is certain that the sign was not there, indeed the MDFP website image shows the building with no sign (attachment MDFP1).

2 - As the driver was offloading and then loading heavy items, it was severely impractical (and impossible on their own) for them to move said items along from a parking zone off site. Couple this with the advice they were given at the time and the PCN etc. is unexpected.

https://www.google.com/maps/place/Fall-Line+Solutions+Limited/@52.7665269,-0.8886355,3a,90y,217.93h,95.93t/data=!3m7!1e1!3m5!1scYVqCuzin12mO6Z4u7KWuA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D-5.93247259200713%26panoid%3DcYVqCuzin12mO6Z4u7KWuA%26yaw%3D217.93291770787758!7i16384!8i8192!4m14!1m7!3m6!1s0x4879d41e46280563:0x20d3124cfe476cb0!2sMelton+%26+District+Furniture+Project!8m2!3d52.7661716!4d-0.8888096!16s%2Fg%2F1tdk030n!3m5!1s0x4879d41e52857e81:0x69feb87f511a4b84!8m2!3d52.7664913!4d-0.8889211!16s%2Fg%2F11kn39np93?entry=ttu&g_ep=EgoyMDI1MDcyMy4wIKXMDSoASAFQAw%3D%3D

Thank you.

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Notwithstanding other answers, the driver should never contact Smart, the registered keeper should do so, if at all.
Smart’s PCNs (which you don’t have, I know) often fail to comply with the law so that they can’t hold the registered keeper liable in place of the driver, so the driver should never be identified.
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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:

Quote
Dear Sirs,

Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims.

As a firm of supposed solicitors, one would expect you to be capable of crafting a letter that aligns with paragraphs 3.1(a)–(d), 5.1 and 5.2 of the Protocol, and paragraphs 6(a) and 6(c) of the Practice Direction. These provisions do not exist for decoration—they exist to facilitate informed discussion and proportionate resolution. You might wish to reacquaint yourselves with them.

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), stipulate that prior to proceedings, parties should have exchanged sufficient information to understand each other’s position. Part 6 helpfully clarifies that this includes disclosure of key documents relevant to the issues in dispute.

Your template letter mentions a “contract”, yet fails to provide one. This would appear to undermine the only foundation upon which your client’s claim allegedly rests. It’s difficult to engage in meaningful pre-litigation dialogue when your side declines to furnish the very document it purports to enforce.

I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:

1. A copy of the original Notice to Keeper (NtK) that confirms any PoFA 2012 liability
2. A copy of the contract (or contracts) you allege exists between your client and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date, not a generic stock image
3. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached
4. The written agreement between your client and the landowner, establishing authority to enforce
5. A breakdown of the charges claimed, identifying whether the principal sum is claimed as consideration or damages, and whether the £70 “debt recovery” fee includes VAT

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully,

[Your name]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Thank you both for your responses and thank you, B789, for the detail and template. I shall send the email, however do I need to reference any thing in the email (such as their reference)?

The V5C has always been up to date and correct and we have been at the same address since Feb 2021. I'll keep you posted.
« Last Edit: July 25, 2025, 12:08:54 pm by LonelyWanderer »

Well, you should of course use their reference from the LoC.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Thank you. Sorry, one last question that I should have asked - my wife is the one named in the correspondence - is the email best coming from her email or am I okay sending it from mine?

Thank you. Sorry, one last question that I should have asked - my wife is the one named in the correspondence - is the email best coming from her email or am I okay sending it from mine?
The email address doesn’t matter as long as it’s sent in her name.
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Good Morning all,

I sent the template as advised. My wife has had a letter from HM Courts and Tribunals service today to say we have a claim against us. We have a claim form and a response pack.

Images here:

[REMOVED BY MODERATOR]

I have found a response from September to my initial email from DCB Legal in my spam folder, requesting I confirm name, first of address and postcode so I have now replied to that.

Do I need to do anything in the meantime (such as respond to the CCJ letter)? I have a busy week so will try and read the forum later on but any immediate advice is greatly appreciated.

Thank you.
« Last Edit: October 30, 2025, 12:49:46 pm by DWMB2 »

In order to advise on the Claim Form we will need to see it, if you could please share a copy. A point that may sound like pedantry, but isn't intended to be: there is no 'we' or 'us' from a legal perspective. Whoever is named on the form has a claim against them.

Thanks DWMB2. I am away with work at the moment but have asked my wife to take photos. I've added the IMGBB links to my question from earlier today.

Re-attached below with the MCOL password and claim number redacted:

Please tell who is the signatory on the back of the claim form.

With an issue date of 28th October you have until 4pm on Monday 17th November to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 1st December to submit your defence.

You only need to submit an AoS if you need extra time to prepare your defence. If you want to submit an AoS then follow the instructions in this linked PDF:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Until very recently, we never advised using the MCOL to submit a defence. However, due to recent systemic failures within the CNBC, we feel that it is safer to now submit a short defence using MCOL as it is instantly submitted and entered into the "system". Whilst it will deny the use of some formatting or inclusion of transcripts etc. these can always be included with the Witness Statement (WS) later, if it ever progresses that far.

You will need to copy and paste it into the defence text box on MCOL. It has been checked to make sure that it will fit into the 122 lines limit.

Quote
1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not adequately comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with PD 16, para 7.3(1);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts);

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. The Defendant submits that courts have previously struck out materially similar claims of their own initiative for failure to adequately comply with CPR 16.4, particularly where the Particulars of Claim failed to specify the contractual terms relied upon or explain the alleged breach with sufficient clarity.

5. In comparable cases involving modest sums, judges have found that requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, strike-out was deemed appropriate. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim due to the Claimant’s failure to adequately comply with CPR 16.4, rather than permitting an amendment. The Defendant proposes that the following Order be made:

Draft Order:

Of the Court's own initiative and upon reading the particulars of claim and the defence.

AND the court being of the view that the particulars of claim do not adequately comply with CPR 16.4(1)(a) because: (a) they do not set out the exact wording of the clause (or clauses) of the terms and conditions of the contract which is (or are) relied on; and (b) they do not adequately set out the reason (or reasons) why the claimant asserts that the defendant was in breach of contract.

AND the claimant could have complied with CPR 16.4(1)(a) had it served separate detailed particulars of claim, as it could have done pursuant to PD 7C, para 5.2, but chose not to do so.

AND upon the Court determining, having regard to the overriding objective (CPR 1.1), that it would be disproportionate to direct further pleadings or to allot any further share of the Court’s resources to this claim (for example by ordering further particulars of claim and a further defence, with consequent case management).

ORDER:

1. The claim is struck out.

2. Permission to either party to apply to set aside, vary or stay this order by application on notice, which must be filed at this Court not more than 7 days after service of this order, failing which no such application may be made.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Please tell who is the signatory on the back of the claim form.
David John Croot

« Last Edit: October 30, 2025, 01:31:11 pm by DWMB2 »
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DCB Legal issue thousands of claims monthly, suggesting an annual volume well into the many tens of thousands—raising serious questions about whether a single solicitor like Mr Croot could lawfully and practically oversee and sign each one.

DCB Legal is one of only three County Court “Super Users”, meaning they have privileged access to bulk claim issuance via the Civil National Business Centre (CNBC). They state on their website that they issue “thousands of claims monthly”, which conservatively implies at least 24,000–36,000 annually, though anecdotal evidence and industry estimates suggest the figure may be well over 100,000 per year.

The Mazur v CRS LLP ruling reaffirmed that “conduct of litigation” under the Legal Services Act 2007 must be performed by a regulated person with appropriate authorisation. This includes signing and submitting claim forms, which are considered reserved legal activities.

Mr Croot is one of only four regulated solicitors overseeing litigation at DCB Legal, it raises a procedural red flag. Can one solicitor realistically sign and submit tens of thousands of claims annually? Can only four solicitors even do so? If not, who else is conducting litigation—and are they authorised?

Even if we assume DCB Legal issues a modest 25,000 claims per year, and they employ only four SRA-regulated solicitors, that equates to 6,250 claims per solicitor annually—or ~24 claims per working day. But this raw math ignores the actual scope of “conduct of litigation”, which includes far more than just signing claim forms. Under the Legal Services Act 2007 and confirmed in Mazur v CRS LLP, conduct of litigation encompasses the following reserved activities that a solicitor must oversee:

• Reviewing particulars of claim for accuracy and compliance with CPR
• Ensuring pre-action protocol compliance, especially for consumer claims
• Signing and submitting claim forms—a reserved legal activity
• Responding to court directions and correspondence
• Supervising paralegals and admin staff involved in litigation prep
• Managing hearings, adjournments, and enforcement proceedings
• Handling procedural irregularities, strike-outs, and defence rebuttals

Even in a high-efficiency litigation firm, a solicitor might realistically handle 5–10 claims per day with proper oversight. Anything beyond that risks rubber-stamping, lack of supervision, or unauthorised delegation.

At 24 claims/day, each solicitor would need to, sign and submit claims at industrial speed, skip meaningful review or supervision, thereby breaching SRA Principles on integrity, competence, and supervision.

This workload is not just implausible—it’s procedurally incompatible with lawful conduct of litigation. If unregulated staff are preparing or submitting claims, DCB Legal may be systemically breaching the Legal Services Act. The firm risks SRA enforcement for unauthorised litigation conduct.

So, even at only 25,000 claims/year, the workload per solicitor exceeds lawful capacity. Given the scope of conduct of litigation confirmed in Mazur, it is not credible that four solicitors can personally oversee, sign, and submit this volume without breaching reserved activity rules. This demands urgent SRA investigation into systemic unauthorised litigation conduct.

Anyone care to submit the question to the SRA?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you all for your advice and help. I have submitted the defence today. I shall update you accordingly.