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#Post#: 124692--------------------------------------------------
Smart Parking-DCB Legal Letter of Claim despite paying for
parking and never receiving the original PCN
DIR By: Tawatac
Date: July 14, 2026, 1:50 pm
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HTML https://ibb.co/BVHWc7L9
- Receipt
HTML https://ibb.co/QFhtb0ZJ
-PCN received via email after asking for
evidence
HTML https://ibb.co/b5D46stP
- DCBL with wrong contravesion date
HTML https://ibb.co/Zp0jxPy3
- LBA
Hi everyone,
Looking for advice on a DCB Legal Letter of Claim dated
09/07/2026 regarding a Smart Parking ANPR PCN.
The Timeline (08/04/2025):
16:34 – Entry recorded by ANPR.
16:34–16:53 (19 mins) – The physical payment machine was broken.
The driver went inside the adjacent building to get help from
staff, who assisted in setting up a payment via the RingGo app.
16:53–17:53 – 1-hour parking session purchased via RingGo
(receipt held).
17:58 – Exit recorded by ANPR (exactly 5 minutes after the
RingGo session expired).
Total site time: 84 minutes (60 minutes paid).
Procedural Issues:
No NTK: The Registered Keeper never received the original PCN /
Notice to Keeper. The first communication received was a DCBL
debt recovery letter a year later, denying the chance to appeal
early.
Smart Parking rejected an initial dispute, claiming they posted
it and that they follow the June 2024 Single Code of Practice.
Current Status & Concerns:
We have a formal Letter of Claim from DCB Legal giving 30 days
to respond.
The Keeper will be out of the country from 24 July until 14
August, creating a high risk of missing a court claim form if
issued during that window and unfortunately no one is available
to check letters.
Questions:
How should we draft the robust Reply Form response to DCB Legal
to highlight the broken machine (frustration of contract), the
5-minute overstay falling within the mandatory 10-minute grace
period, and the lack of POFA keeper liability?
What is the best way to inform DCB Legal of the Keeper's
upcoming travel dates to prevent a default judgment while away?
Thanks!
#Post#: 124731--------------------------------------------------
Re: Smart Parking-DCB Legal Letter of Claim despite paying for
parking and never receiving the original PCN
DIR By: jfollows
Date: July 14, 2026, 11:33 pm
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The original PCN was issued too late by Smart to comply with the
requirements of the Protection of Freedoms Act 2012,
specifically that if the liability is to be transferred from the
unknown driver to the registered keeper it has to be sent to
arrive within 14 days. It was issued on 23 April 2025 for a
“contravention” on 8 April 2025 and can be deemed to have
arrived on 25 April, which is too late.
It doesn’t matter that you didn’t receive the PCN, the dates on
the copy you have received are damning.
As long as the driver has not been identified, the registered
keeper can not be liable.
DCB Legal’s tactics are to obtain a default judgement wherever
possible, so are unlikely to help you out here. I would simply
advise sending your response to their Letter of Claim as late as
reasonably possible, to arrive by 8 August.
#Post#: 124737--------------------------------------------------
Re: Smart Parking-DCB Legal Letter of Claim despite paying for
parking and never receiving the original PCN
DIR By: InterCity125
Date: July 15, 2026, 1:21 am
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Could the OP confirm that the driver was never revealed in any
appeal etc?
#Post#: 124753--------------------------------------------------
Re: Smart Parking-DCB Legal Letter of Claim despite paying for
parking and never receiving the original PCN
DIR By: Tawatac
Date: July 15, 2026, 4:04 am
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Unfortunately I think I may have inadvertently done so,I wasnt
aware earlier that you had to deny so when I tried to appeal to
smart Parking I said I never received PCN and then told then I'd
paid for parking. However during my replies I never said I was
the driver my argument was that I never received PCN therefore I
wasn't able to contest it and that technically it was a 5-minute
overstay.
#Post#: 124767--------------------------------------------------
Re: Smart Parking-DCB Legal Letter of Claim despite paying for
parking and never receiving the original PCN
DIR By: jfollows
Date: July 15, 2026, 5:28 am
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If you said that you, the registered keeper, did not receive the
PCN then this does not identify the driver, nor does saying that
you paid for parking.
Saying that “I parked” does, so if you didn’t say that then
you’re possibly fine. If you don’t have a copy of what you sent
them in your appeal then you can obtain it with a Subject Access
Request to Smart for all personal details and correspondence it
holds for you.
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