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#Post#: 83176--------------------------------------------------
Smart Parking/DCB Legal LoC for incident in 2021
By: bishbashbosh Date: July 28, 2025, 12:26 pm
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[quote author=b789 link=topic=7220.msg83161#msg83161
date=1753720656]
[member=6396]bishbashbosh[/member], please start your won thread
if you want advice. You would need to show us the original
Notice to Keeper (NtK) you received from (not so) Smart Parking.
However, if the LoC is from DCB Legal, you can just use the one
you've shown above as they will issue a claim whatever you send
them.
[/quote]
Here it is.
In receipt of an LoC from DCB Legal on behalf of Smart Parking
after several letters from DCBL were ignored. The alleged
transaction took place in 2021 and I cannot recall any details
of the event. No NtK was delivered that I know of, but this may
be due to a move of house around the time of the alleged
incident and DVLA not being properly updated. Understood that
this is not a defence.
Research and advice provided elsewhere indicate that Smart
Parking were not in the habit of complying with POFA at that
time so a defence based on their inability to establish keeper
liability is the best course of action. Responded by email to
the LoC using a template found elsewhere, affirming the identity
of the keeper and their lack of obligation to name the driver,
and referring to VCS v Edward 2023 as the basis for the PoC’s
inability to infer liability.
POFA was not specifically mentioned in the reply, and after
seeing a response in another thread here which does address
Schedule 4 directly, I wish I had said something more direct
about it.
In your experience, is there any point doing so at this stage,
effectively replying to the LoC twice, or is any response pro
forma? I.e. is it best to just wait for them to proceed to claim
and use the elements of your template response at a later stage?
Thanks in advance for any advice.
#Post#: 83179--------------------------------------------------
Re: Smart Parking/DCB Legal LoC for incident in 2021
By: b789 Date: July 28, 2025, 12:32 pm
---------------------------------------------------------
[quote author=b789 link=topic=7220.msg83161#msg83161
date=1753720656]
[member=6396]bishbashbosh[/member], please start your won thread
if you want advice. You would need to show us the original
Notice to Keeper (NtK) you received from (not so) Smart Parking.
However, if the LoC is from DCB Legal, you can just use the one
you've shown above as they will issue a claim whatever you send
them.
[/quote]
#Post#: 83180--------------------------------------------------
Re: Smart Parking/DCB Legal LoC for incident in 2021
By: bishbashbosh Date: July 28, 2025, 12:36 pm
---------------------------------------------------------
[quote author=b789 link=topic=7442.msg83179#msg83179
date=1753723940]
[quote author=b789 link=topic=7220.msg83161#msg83161
date=1753720656]
[member=6396]bishbashbosh[/member], please start your won thread
if you want advice. You would need to show us the original
Notice to Keeper (NtK) you received from (not so) Smart Parking.
However, if the LoC is from DCB Legal, you can just use the one
you've shown above as they will issue a claim whatever you send
them.
[/quote]
[/quote]
Understood. I don’t have it. So, shall I respond to their LoC
again requesting a copy?
#Post#: 83253--------------------------------------------------
Re: Smart Parking/DCB Legal LoC for incident in 2021
By: b789 Date: July 29, 2025, 5:12 am
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No. Just respond with this to info@dcblegal.co.uk and CC
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:
[indent]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[/indent]
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][/quote]
#Post#: 83533--------------------------------------------------
Re: Smart Parking/DCB Legal LoC for incident in 2021
By: bishbashbosh Date: July 31, 2025, 3:20 am
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Thanks, will do.
#Post#: 96238--------------------------------------------------
Re: Smart Parking/DCB Legal LoC for incident in 2021
By: bishbashbosh Date: October 30, 2025, 3:04 pm
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Sent the email above. Now in receipt of a Claim Form. Planning
to acknowledge service etc. via MCOL.
#Post#: 96240--------------------------------------------------
Re: Smart Parking/DCB Legal LoC for incident in 2021
By: DWMB2 Date: October 30, 2025, 3:22 pm
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Please show us the claim form, with personal details, the claim
number and MCOL password redacted.
#Post#: 96278--------------------------------------------------
Re: Smart Parking/DCB Legal LoC for incident in 2021
By: bishbashbosh Date: October 31, 2025, 5:05 am
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[quote author=DWMB2 link=topic=7442.msg96240#msg96240
date=1761855722]
Please show us the claim form, with personal details, the claim
number and MCOL password redacted.
[/quote]I don’t seem to have permission to upload photos.
#Post#: 96285--------------------------------------------------
Re: Smart Parking/DCB Legal LoC for incident in 2021
By: DWMB2 Date: October 31, 2025, 5:45 am
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Guide: Posting Images
HTML https://www.ftla.uk/announcements/posting-images/
#Post#: 96305--------------------------------------------------
Re: Smart Parking/DCB Legal LoC for incident in 2021
By: bishbashbosh Date: October 31, 2025, 7:36 am
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[quote author=DWMB2 link=topic=7442.msg96285#msg96285
date=1761907507]
Guide: Posting Images
HTML https://www.ftla.uk/announcements/posting-images/
[/quote]
Thank you, my searches didn’t turn that up.
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