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Smart Parking / Debt Recovery Plus dispute - PCN not received

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  • #16
    This has now been referred to DCB Legal and I have received a letter of claim.

    ChatGPT has come up with this proposed response. Any advance on that?


    Dear Sirs,
    I write in response to your Letter of Claim.

    I dispute the alleged debt in full.

    The Notice to Keeper relating to this matter was issued outside the 14-day period required by Schedule 4 of the Protection of Freedoms Act 2012 and was not served at the time. Accordingly, no keeper liability can arise.

    I was not the driver and you have provided no evidence as to driver identity.

    Furthermore, the additional £70 claimed is an unrecoverable sum and is not supported by statute or case law.

    Please therefore confirm that this matter is now closed. Alternatively, should you disagree, please provide the following documents as required under the Pre-Action Protocol:

    1. Evidence of full POFA compliance


    2. Proof of service of the Notice to Keeper


    3. Evidence of the alleged contract and signage relied upon


    4. A breakdown and legal basis for the additional sums claimed



    Pending receipt of the above, the matter remains disputed.

    Yours faithfully,



    Comment


    • #17
      It's as good as any other response, of which they will take no notice!
      If you don't pay they will initiate a court claim which (if you don't pay)they will pursue until the last moment when they might discontinue

      If the dates of the event and the date of issuing the PCN are as stated in post1, and they do not know the identity of the driver, they have virtually no hope of winning their claim

      Comment

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