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DCB Legal £9,000 Smart Parking Claim – Need Help Fighting Back

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  • DCB Legal £9,000 Smart Parking Claim – Need Help Fighting Back

    Hello,







    I’m looking for some guidance on behalf of my partner, Andrew.







    He has recently received a Letter of Claim from DCB Legal acting for Smart Parking Ltd. The total is an eye-watering £9,010, which they say relates to multiple PCNs at a private car park (opposite a gym he used to attend, owned by a church). These tickets apparently go back as far as 2021 and have now been bundled together.







    We sent an appeal to DCB outlining extenuating circumstances:
    • Andrew has been in prison since February 2024 (first and last mistake in his life), so we weren’t aware of these notices being sent.
    • Before that we moved addresses a few times: around 2 years at one address, 11 months at another, and before that he lived at home with his mum. I’ve lived with my mum all my life until moving in with him.
    • He honestly doesn’t recall receiving these PCNs at the time — it’s possible they were lost in post or not passed on due to the moves and his lifestyle.







    Despite this, DCB replied saying their client intends to proceed. They’ve even sent us a Directions Questionnaire (N181) already filled out, although we’re waiting for the court to officially issue one.













    Andrew can’t attend a trial in person due to incarceration, and we’re unsure whether I’d have to go in his place (which would be very difficult for me). We also can’t afford to pay anything towards this — let alone thousands. A CCJ would be devastating for us long term, as when he comes home we need a clean credit file to remortgage and get back on our feet.







    Our concerns:
    • Can Smart Parking really pursue nearly £9,000 for parking charges from 2021?
    • How do we challenge the inflated sum?
    • What’s the best way to handle the N181 and disclosure process, given Andrew’s situation?
    • Is there any realistic chance of this being discontinued or reduced?
    • And what happens if we simply cannot pay?







    I’ll attach the letters we’ve received so far within this link:

    https://imgur.com/a/F0worpv.

    Any advice on the best next steps would be hugely appreciated, as this is overwhelming.










    Thank you,




    Amy
    Tags: None

  • #2
    Sorry but I don't know the answer to most of the points you raise but I will say that you personally have zero responsibility for your partner's alleged debts to a private parking company if you were neither the driver nor the registered keeper of the car. So DCBL haven't sent "us" a Directions questionnaire, they have sent it to your partner. Who (if I understand you correctly) is in prison so doesn't live at the address it has been sent to.

    You also ask " [your partner] can't attend a trial in person due to incarceration, and we're unsure whether I'd have to go in his place". Just to clarify, it could never be a criminal trial. Parking disputes with private parking companies are not crimes. They are civil court hearings about breach of contract. And you cannot be required to attend in his place (would not be allowed to attend in his place).
    Last edited by PallasAthena; 19th September 2025, 07:08:AM. Reason: Clarify civil -v- criminal
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      I would suggest Andrew applies to the court requesting a stay of proceedings until he is released from prison so he can then deal with the matter appropriately.
      Application would be made when filing the directions questionnaire

      atticus might be better able to advise

      Comment


      • #4
        Civil cases are decided in trials.

        We have not been shown the Claim Form or Defence.

        I agree that the court needs to be made aware of this defendant's imprisonment.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          Hello all,

          Thank you for your assistance and input so far.
          I am awaiting the court to send me the N181 directions questionnaire themselves instead of using the pre-filled form DCB Legal have sent me.

          I will definitely mention the circumstances I am currently in. I want to help him get the best outcome here as the value has been grossly inflated and he nor I have any recollection of receiving the initial PCNs in the post due to our constant address moving and general hectic lifestyle at the time(s).

          I understand it is a civil case but the forms state a ‘witness’ will need to be present at court if the defendant is unable to attend?

          Thank you

          Comment


          • #6
            Just to add to this, the imgur link within my initial post has the letter of claim from DCB legal as well as the directions questionnaire DCB Legal have sent over. I tried uploading the images via the attachment link beneath the post but it failed so I used imgur.

            Thank you again.

            Comment


            • #7
              Hello all,
              Could anyone let me know their thoughts regarding the last couple messages I sent please.

              Unfortunately I cannot access Andrew’s MCOL portal where the defence was filed and the website states multiple government IDs are linked to that email address when I try to reset it as I have access to his emails etc.

              I have attached the initial claim form.

              Thank you

              Comment


              • #8
                Sorry, but cannot access your IMGUR post (probably me)

                IMO you should be informing court (by signed for mail if necessary) of the defendants circumstances.
                Also try and get the case put on to the small claims track on the basis that it is only a simple parking case multiplied by 52.

                You could download theN181 form (https://assets.publishing.service.go.../N181_0624.pdf)

                I hope others pick up on this thread and can offer more appropriate advice

                Comment


                • #9
                  I am waiting for the court to officially send the N181 to me as I have only had a pre-filled version sent to me from DCB legal themselves for ‘ease’ as they worded it.

                  Once I have this from the court I will certainly tell them about my partners situation and request a stay of proceedings until he’s out and also change the address to the prison if that’s possible to do via the N181.

                  If anyone has any other guidance it would be greatly appreciated.

                  Thank you

                  Comment


                  • #10
                    Quick update on my case




                    I’ve now completed the N181 Directions Questionnaire that the court sent me (not filed yet, but it’s ready). I’ve attached a copy here in case anyone wants to look it over.




                    In the N181 I’ve:
                    • Requested a stay in proceedings given Andrew’s incarceration (since Feb 2024).
                    • Asked for an address change so all service goes to HMP High Point.
                    • Requested Small Claims track, as the issues are simple (private parking, signage/contract/quantum) and the pleaded sums are grossly inflated (from £9,010 up to ~£12,000 with add-ons).
                    • Pointed out non-receipt of the original PCNs and that the Claimant hasn’t yet provided evidence of them.
                    • Noted three residential addresses in the last four years, plus two prison addresses (HMP Pentonville and HMP High Point), which explains why notices weren’t reliably received.
                    • Referred to Andrew’s serious brain injury (Oct 2023) which directly affected how post/admin were handled at the time. This is backed by medical records (Royal London Hospital, GP, psychiatric report) and was used in mitigation at sentencing.







                    I’ve also completed an EX160 (Help with Fees) application to cover the N244 fee. The N244 will include an Amended Defence Statement, pulling all of the above together and formally requesting:
                    • permission to amend the defence
                    • a stay until Andrew’s release (earliest Q1 2028, possibly longer)
                    • confirmation of service address as HMP High Point
                    • and an order requiring DCB to confirm whether Sarah Ensall was properly authorised to conduct litigation when signing the claim paperwork.







                    I’ve already written to litigation@dcblegal.co.uk and their other inboxes to ask for confirmation on Ms Ensall’s authority, but no reply so far.




                    Everything (N181, N244 with Amended Defence, and EX160 reference) will be emailed together to the court before the 20th October deadline. For clarity, the correct email address is ccbc@justice.gov.uk (Civil National Business Centre).




                    If anyone has time to glance over the N181 (attached) or share views on the Amended Defence approach, I’d really appreciate it. I just want to make sure I’ve not missed anything crucial before filing.




                    Thanks again for all the help so far — it’s been invaluable.

                    Attached Files

                    Comment


                    • #11
                      I can't add anything, but wish you good luck

                      I note you query Sarah Ensall's position re conducting litigation .... are you aware of this recent case Julia Mazur & Ors v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB)

                      Comment


                      • #12
                        Thank you I will look into that case.


                        Can anyone give me some guidance/clarity on my last post?
                        Apologies if I am not grasping the process entirely and what each step entails, I just want to make sure my defence is clear before I submit it alongside my N244 as well as the N181 which I plan to submit all at once via email. EX160 completed as well as direct email to DCB for confirmation on their employees authorised to act as litigators.

                        Thank you

                        Comment


                        • #13
                          The case I referred to in Post !! is very relevant to sections 13 to 16 of the defence.
                          I would certainly bring it to the courts attention

                          Comment


                          • #14
                            Ok yes that makes sense, thank you.
                            I am awaiting a response from DCB/David Croot on this.
                            do you feel I should elaborate further on sections 13-16 in my defence?

                            Comment


                            • #15
                              I wouldn't bother waiting for DCBL to respond

                              You could jut add another paragraph (17) to that section along the lines of:

                              Following the finding of Mr Justice Sheldon in Julia Mazur & Ors v Charles Russell Speechlys LLP [2025] EWHC 2341 that an employee of an authorised firm cannot conduct litigation simply by virtue of their employment, the court is invited to consider its general case management powers pursuant to CPR 3.1 and either:
                              i)make an order that unless the Claimant files and re-serves an amended compliant Claim , then the claim shall be struck out and judgment entered in favour of the Defendant. If the Claimant should comply with such an order, the Defendant would ask that the Claimant bears the defendants costs or
                              ii)
                              exercise any other case management powers the court sees fit

                              I would then move paras 13 to 17 to the beginning of the defence before "Background and service of notices" and finish that section with:

                              Without prejudice to the foregoing paragraphs, the Defendant intends to respond to the allegations raised in the Particulars of Claim as best he is able

                              If you are lucky the whole claim might be thrown out, or DCBL might discontinue
                              Be aware this is only what my approach would be, not what a solicitor might advise








                              Comment

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