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#Post#: 118241--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: May 10, 2026, 8:32 am
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--- Quote from: jfollows link ---
>
> I have no experience with the SAR process, but
HTML https://ico.org.uk/for-the-public/make-a-subject-access-request/<br
/>shows one route. Definitely the Data Protection Officer.
>
--- End Quote ---
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?
HTML https://www.imagebam.com/view/ME1CY27A
#Post#: 118242--------------------------------------------------
Re: Claim form from courts
DIR By: jfollows
Date: May 10, 2026, 8:40 am
---------------------------------------------------------
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.
#Post#: 118247--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: May 10, 2026, 9:33 am
---------------------------------------------------------
I’ve done one including 3 pieces of ID, I looked and found a
template for requesting a SAR regarding a parking fine I’ve
included the link below it may come to someone’s help just have
to fill in the missing blanks. I deleted the driver of vehicle
out and just left the owner there.
HTML https://www.google.com/search?q=drart+letter+asking+for+a+sar+over+a+private+parking+fine&ie=UTF-8&oe=UTF-8&hl=en-gb&client=safari&sei=A5IAavj8FJS_hbIP1rmpsAQ&dlnr=1
#Post#: 118810--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: May 15, 2026, 5:14 pm
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I’ve filled out a acknowledgment of service to get the extra
time, I’ve also been given the SAR details back from smart
parking I’ve included a link to view pics
HTML https://www.imagebam.com/view/ME1CXZKW<br
/>
HTML https://www.imagebam.com/view/ME1CY1V1<br
/>
HTML https://www.imagebam.com/view/ME1CY27A<br
/>
HTML https://www.imagebam.com/view/ME1D41VH<br
/>
HTML https://www.imagebam.com/view/ME1D41VJ
#Post#: 118812--------------------------------------------------
Re: Claim form from courts
DIR By: jfollows
Date: May 16, 2026, 1:50 am
---------------------------------------------------------
As expected, the notice from Smart does not comply with PoFA
2012 (
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4)
to
transfer liability from the unknown driver to the registered
keeper.
Alleged contravention 4/9/22
Date sent, presumed posted 22/9/2022
Date presumed delivered 26/9/2022
which is well beyond the 14 day limit in the legislation.
As long as the driver has not been identified, the liability can
not be transferred to the registered keeper.
--- Quote ---
> 9(1)A notice which is to be relied on as a notice to keeper
for the purposes of paragraph 6(1)(b) is given in accordance
with this paragraph if the following requirements are met.
>
> (2)The notice must—
>
> (a)specify the vehicle, the relevant land on which it was
parked and the period of parking to which the notice relates;
>
> (b)inform the keeper that the driver is required to pay
parking charges in respect of the specified period of parking
and that the parking charges have not been paid in full;
>
> (c)describe the parking charges due from the driver as at the
end of that period, the circumstances in which the requirement
to pay them arose (including the means by which the requirement
was brought to the attention of drivers) and the other facts
that made them payable;
>
> (d)specify the total amount of those parking charges that are
unpaid, as at a time which is—
>
> (i)specified in the notice; and
>
> (ii)no later than the end of the day before the day on which
the notice is either sent by post or, as the case may be, handed
to or left at a current address for service for the keeper (see
sub-paragraph (4));
>
> (e)state that the creditor does not know both the name of the
driver and a current address for service for the driver and
invite the keeper—
>
> (i)to pay the unpaid parking charges; or
>
> (ii)if the keeper was not the driver of the vehicle, to notify
the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
>
> (f)warn the keeper that if, after the period of 28 days
beginning with the day after that on which the notice is given—
>
> (i)the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
>
> (ii)the creditor does not know both the name of the driver and
a current address for service for the driver,
>
> the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so
much of that amount as remains unpaid;
> (g)inform the keeper of any discount offered for prompt
payment and the arrangements for the resolution of disputes or
complaints that are available;
>
> (h)identify the creditor and specify how and to whom payment
or notification to the creditor may be made;
>
> (i)specify the date on which the notice is sent (where it is
sent by post) or given (in any other case).
>
> (3)The notice must relate only to a single period of parking
specified under sub-paragraph (2)(a) (but this does not prevent
the giving of separate notices which each specify different
parts of a single period of parking).
>
> (4)The notice must be given by—
>
> (a)handing it to the keeper, or leaving it at a current
address for service for the keeper, within the relevant period;
or
>
> (b)sending it by post to a current address for service for the
keeper so that it is delivered to that address within the
relevant period.
>
> (5)The relevant period for the purposes of sub-paragraph (4)
is the period of 14 days beginning with the day after that on
which the specified period of parking ended.
>
> (6)A notice sent by post is to be presumed, unless the
contrary is proved, to have been delivered (and so “given” for
the purposes of sub-paragraph (4)) on the second working day
after the day on which it is posted; and for this purpose
“working day” means any day other than a Saturday, Sunday or a
public holiday in England and Wales.
--- End Quote ---
#Post#: 118813--------------------------------------------------
Re: Claim form from courts
DIR By: jfollows
Date: May 16, 2026, 1:56 am
---------------------------------------------------------
You use your MCOL account to enter a defence, do not
counter-claim, and your defence should be along the lines stated
here, that you are not liable because the driver has not been
identified and Smart did not comply with the requirements of the
legislation to transfer liability to you, the registered keeper.
Feel free to post your intended defence here first for comment.
DCB Legal won’t back down yet, you have to follow the process
including mediation and submission of your N180 form, allocation
of the case to your nominated court, but DCB Legal almost always
discontinues before having to pay the court fee.
Search the forum for many, many similar cases.
8 June is now the deadline to submit a defence, so plenty of
time.
#Post#: 118893--------------------------------------------------
Re: Claim form from courts
DIR By: Niceguy
Date: May 16, 2026, 2:36 pm
---------------------------------------------------------
That’s amazing to know and thank you for your help, I will draft
up a defense letter within the next few days 👍
#Post#: 119697--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: May 25, 2026, 10:40 am
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> You use your MCOL account to enter a defence, do not
counter-claim, and your defence should be along the lines stated
here, that you are not liable because the driver has not been
identified and Smart did not comply with the requirements of the
legislation to transfer liability to you, the registered keeper.
> Feel free to post your intended defence here first for
comment.
> DCB Legal won’t back down yet, you have to follow the process
including mediation and submission of your N180 form, allocation
of the case to your nominated court, but DCB Legal almost always
discontinues before having to pay the court fee.
> Search the forum for many, many similar cases.
>
> 8 June is now the deadline to submit a defence, so plenty of
time.
>
--- End Quote ---
IN THE COUNTY COURT
CLAIM NUMBER ..
BETWEEN,,, claimant and defendant
DEFENCE
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.
1,notice which is to be relied on as a notice to keeper for the
purposes of paragraph 6(1)(b) is given in accordance with this
paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked
and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking
charges in respect of the specified period of parking and that
the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the
end of that period, the circumstances in which the requirement
to pay them arose (including the means by which the requirement
was brought to the attention of drivers) and the other facts
that made them payable;
(d)specify the total amount of those parking charges that are
unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the
notice is either sent by post or, as the case may be, handed to
or left at a current address for service for the keeper (see
sub-paragraph (4));
(e)state that the creditor does not know both the name of the
driver and a current address for service for the driver and
invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify
the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, after the period of 28 days
beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a
current address for service for the driver,
the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so
much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment
and the arrangements for the resolution of disputes or
complaints that are available;
(h)identify the creditor and specify how and to whom payment or
notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is
sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking
specified under sub-paragraph (2)(a) (but this does not prevent
the giving of separate notices which each specify different
parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address
for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the
keeper so that it is delivered to that address within the
relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is
the period of 14 days beginning with the day after that on which
the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary
is proved, to have been delivered (and so “given” for the
purposes of sub-paragraph (4)) on the second working day after
the day on which it is posted; and for this purpose “working
day” means any day other than a Saturday, Sunday or a public
holiday in England and Wales.
STATEMENT OF TRUTH
I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its Truth
Signed, ME
Date, today
Would this be suitable it’s mostly your work but I added a few
bits in, many thanks
#Post#: 119700--------------------------------------------------
Re: Claim form from courts
DIR By: jfollows
Date: May 25, 2026, 11:16 am
---------------------------------------------------------
You’ve reiterated the law, and thats fine, but why are you not
liable, what part of the law did the claimant not comply with?
You need to spell this out. I think I alluded to it earlier.
#Post#: 119703--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: May 25, 2026, 11:41 am
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> You’ve reiterated the law, and thats fine, but why are you not
liable, what part of the law did the claimant not comply with?
>
> You need to spell this out. I think I alluded to it earlier.
>
--- End Quote ---
I am not liable through the grounds of smart parking did not
comply with the legislation to transfer liability to me the
registered keeper, also the driver is not known.
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