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#Post#: 116378--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: jfollows
Date: April 20, 2026, 12:08 am
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Personally, I think that’s a bit over the top.
It won’t make any difference anyway.
Your second paragraph is incorrect. I can’t see anywhere in the
LoC where an Issue Date of 8/1 is mentioned.
I would simply say that the claim is not accepted and will be
defended in full because the registered keeper can not be held
liable under PoFA 2012 when the Notice to Keeper is issued 23
days after the alleged parking event, and the driver has not
been identified.
Check the caveats I gave earlier also, that you are the
registered keeper and the car’s V5C is accurate.
If you prefer your version, please check your second paragraph.
#Post#: 116385--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: Tuffnut
Date: April 20, 2026, 3:33 am
---------------------------------------------------------
The second page of the LoC bottom left corner, it says issue
date(s) 08/01/2023 instead of 31/01/2023 which is factually
incorrect. I will attach the picture again for your reference.
Yes the v5c is accurate and was registered in my name at the
time.
HTML https://www.imagebam.com/view/ME1C7NV8
#Post#: 116386--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: jfollows
Date: April 20, 2026, 3:50 am
---------------------------------------------------------
Thanks for correcting me, I missed this.
#Post#: 117360--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: Tuffnut
Date: April 29, 2026, 12:07 pm
---------------------------------------------------------
Hi, i just received a reply from DCB legal to my response.
Pasting here
We write in response to your correspondence received in our
office dated 25 April 2026.
We acknowledge receipt of your correspondence and note the
dispute raised.
In order to identify the Registered Keeper of the vehicle, our
client submitted a request for details to the DVLA. Your details
were provided and thereafter notices were sent to you by our
client at your serviceable address. Those notices asked you to
either make payment or, if you were not driving, nominate a
driver by providing their name and full address. You did neither
and as such you are now pursued on the basis that you were
driving. On the balance of probabilities, if you were not the
driver, you would have nominated.
When parking on private land, the contractual terms of the site
are set out on the signs. You are entering a contract and
agreeing to the terms by parking and staying on the site.
Parking in breach of the terms as stipulated on the signage
means that you are then breaking the terms of the contract.
The terms and conditions on the signs clearly provided tariff
rates to pay for parking, if the correct payment was not made a
parking charge would be issued. The parking charge was issued
correctly as you failed to pay for the correct time your vehicle
was on site.
The amount owed is a genuine pre-estimate of the losses incurred
in managing the parking location to ensure compliance with the
clearly displayed terms and conditions. However, in Parking Eye
Ltd v Beavis, it was found, both at County Court and Court of
Appeal level, that appealing a Parking Charge on the basis that
the amount is not a genuine pre-estimate of loss is, in fact,
not a successful legal defence.
As payment was not made, either within 14 or 28 days, the
creditor was entitled to instruct debt recovery agents /
Solicitors to pursue payment and is entitled to recover the
costs of doing so. It would have been made clear in the terms
and conditions set out in the signs that additional enforcement
costs may be incurred in the event of non-payment.
If there are any documents that you have requested, but that are
not attached, it is because we have deemed the request to be
disproportionate and/or not relevant to the substantive issues
in dispute. We respectfully draw your attention to paragraph
2.1(c) of the Protocol and remind you that both parties are
expected to act reasonably and proportionately.
You now have 30 days from the date of this email to make payment
of £170.00. Failure to make payment may result in a Claim being
issued against you without any further reference.
Payment can be made via bank transfer to our designated client
account: -
Account Name: DCB Legal Ltd Client Account
Sort Code: 20-24-09
Account Number: 60964441
You must quote the correct case reference (711201127995SMP) when
making payment. If you do not, we may be unable to correctly
allocate the payment. If further action is taken by us as a
result of an incorrect reference being quoted, you will be
liable for any further fees or costs incurred.
We would ask that you kindly furnish us with your most up to
date telephone number, this can be emailed to us at
info@dcblegal.co.uk.
Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to
make payment over the telephone or online at
HTML https://dcblegal.co.uk/response/pay-online/.
Please guide me how to respond.
#Post#: 117362--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: jfollows
Date: April 29, 2026, 12:29 pm
---------------------------------------------------------
Don’t.
Come back with the N1SDT court claim form, obscuring personal
details and the password.
Search the forum for many, many DCB Legal cases to see that they
usually discontinue in the face of a defence, which you have.
#Post#: 121748--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: Tuffnut
Date: June 14, 2026, 11:41 am
---------------------------------------------------------
Hi,
Just received this through the mail and as suggested I am
attaching here with the obscured personal details.
Please guide me through the next steps.
HTML https://www.imagebam.com/view/ME1DU7EA
#Post#: 121750--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: jfollows
Date: June 14, 2026, 11:46 am
---------------------------------------------------------
It tells you.
You have to file a defence or Acknowledgement of Service by 29
June.
If you file an AoS you have until 13 July to file your defence.
Your defence would appear to be that the driver has not been
identified and that the Notice to Keeper has been issued too
late to transfer liability to the registered keeper. You are
defending as the registered keeper, and you have not and will
not identify the driver. You may want to post your draft defence
here in advance of the deadline for comment and suggestions.
#Post#: 121982--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: Tuffnut
Date: June 16, 2026, 10:22 am
---------------------------------------------------------
Thank you, I just did the AoS on the MCOL website just in case.
To prepare for the defence I was browsing through the forum for
suggestions. Should i prepare a concise defence just sticking to
the points you just suggested or do I incorporate in to the long
defence response I found many a times on this forum?
#Post#: 121983--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: jfollows
Date: June 16, 2026, 10:25 am
---------------------------------------------------------
Do not use the long template/boilerplate response, which is
increasingly being struck out by the courts for precisely that
reason. Instead, you need to draft a defence which sticks to the
Particulars of Claim (and, yes, it can say that they’re vague)
and the specific points relevant to this particular case.
Concise is good.
#Post#: 121985--------------------------------------------------
Re: DCB letter of claim- smart parks-cresta court altrincham
after 3 years.
DIR By: Tuffnut
Date: June 16, 2026, 10:31 am
---------------------------------------------------------
Thanks for the clarification. Yes the particulars of claim is
quite vague but I will try to compose a defence and post it here
for suggestions.
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