DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 118472--------------------------------------------------
Re: Court letter
DIR By: Howto.
Date: May 12, 2026, 1:41 pm
---------------------------------------------------------
HTML https://ibb.co/yccY9LNL
HTML https://ibb.co/Q7hYtxXy
Yes it was a letter HM courts and tribunals service at the civil
national business centre. If I don’t respond in the time frame I
could get an automatic ccj. If I defend and it goes to court,
and lose, will I then automatically get a ccj? What would be the
maximum costs I’m looking at if I end up paying the legal
companies solicitor fees?
Thank you for any help and information.
#Post#: 118474--------------------------------------------------
Re: Court letter
DIR By: Howto.
Date: May 12, 2026, 2:01 pm
---------------------------------------------------------
HTML https://ibb.co/MxpgqVfx
#Post#: 118477--------------------------------------------------
Re: Court letter
DIR By: jfollows
Date: May 12, 2026, 2:12 pm
---------------------------------------------------------
Read
HTML https://www.ftla.uk/private-parking-tickets/kellys-storage-luton-universal-parking-enforcement-ltd/msg59804/#msg59804<br
/>on CCJ.
Read up on the Small Claims Track and see that costs are very
limited if you lose.
File AoS or defence by 26 May
File defence by 9 June if AoS is filed
#Post#: 118478--------------------------------------------------
Re: Court letter
DIR By: Howto.
Date: May 12, 2026, 2:27 pm
---------------------------------------------------------
I’m a bit lost at how to do that at the moment. Do I have a good
enough case? The 14 day rule? Is it also wrong not to have an
outcome to an appeal. I’m no good at speaking legal jargon.
Worried I’m missing something.
#Post#: 118479--------------------------------------------------
Re: Court letter
DIR By: Howto.
Date: May 12, 2026, 2:32 pm
---------------------------------------------------------
The above article is brilliant!!! Thank you. I will definitely
defend. I must be one of the stupid gullible ones. I nealy
ducked out at the last hurdle. Thank you 🙏
#Post#: 118956--------------------------------------------------
Re: Court letter
DIR By: Howto.
Date: May 17, 2026, 6:59 am
---------------------------------------------------------
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
#Post#: 118959--------------------------------------------------
Re: Court letter
DIR By: jfollows
Date: May 17, 2026, 8:12 am
---------------------------------------------------------
Just structure it logically, ie you are the registered keeper of
the vehicle, the driver at the time of the event has not been
identified and Smart has failed to meet the requirements of PoFA
2012 to transfer liability to you because …. and therefore you
are not liable for any alleged breach of contract by the driver
of the car.
You can mention the appeal if you want because it demonstrates
you tried to resolve this without going to court, but the
claimant never responded. If you mention the appeal, state the
basis on which you appealed also.
Post it here for comments if you want.
#Post#: 118964--------------------------------------------------
Re: Court letter
DIR By: Howto.
Date: May 17, 2026, 9:55 am
---------------------------------------------------------
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.
#Post#: 118972--------------------------------------------------
Re: Court letter
DIR By: jfollows
Date: May 17, 2026, 12:10 pm
---------------------------------------------------------
I don’t know how to put this other than this is terrible, and
you need to start again. I’m not trying to be rude.
Facts, short paragraphs are all that is required.
0. You are defending the case in full.
1. That you are the registered keeper and not liable because the
driver has not been identified and because Smart failed to
comply with the Protections of Freedom Act to transfer liability
by issuing the PCN xx days after the original event. State the
relevant days.
2. That you submitted an appeal on xx/yy/zzzz in which you made
this point but never received a response to your appeal.
That’s it. All the rest is just confusing waffle. Don’t attach
things here, that will come in due course in the unlikely event
this actually goes to court.
But wait for other comments as well. I may have missed some
points.
#Post#: 118973--------------------------------------------------
Re: Court letter
DIR By: Howto.
Date: May 17, 2026, 1:06 pm
---------------------------------------------------------
Thank you. Don’t find it rude at all. I’m glad I asked. I said I
needed help.
*****************************************************
Page 2 of 3
DIR Previous Page
DIR Next Page