Email Bristol Court, with claim number in subject line, and the attached PDF file name as the (claim number) N180 - allocation to B&P Court

Ah right up my street. I'll have to watch h the recording as I'm in Turkey and gotta be up at 3am uk time to catch my 6am flight

Got it — thanks for sharing the screenshots and the group post. Here’s what’s happening and what your fellow member could/should do: --- 🚗 The Key Facts Parking Charge was issued two days after the car was sold. DVLA SAR letter confirms Darius ceased being the registered keeper on 17/05/2020. Despite this, DCB Legal (for Smart Parking) has issued a small claim. Defence already filed stating “I was not the keeper at the material time.” --- ⚖️ Legal Position 1. Keeper Liability (PoFA 2012, Schedule 4) A parking operator can only pursue the registered keeper if they comply with all requirements of the Protection of Freedoms Act 2012. Since Darius was not the keeper on the date of the event, liability cannot pass to him. 2. Burden of Proof The claimant must prove Darius was the keeper/driver. The DVLA confirmation letter is prime evidence that he wasn’t the keeper at the relevant time. 3. Misuse of Process / Wrong Defendant If they pursue someone who clearly isn’t liable, it can amount to unreasonable conduct under CPR 27.14(2)(g) (costs). --- ✅ Practical Steps Darius Should Take 1. File & Preserve Evidence Keep the DVLA SAR letter safe — this is the killer exhibit. Keep any sale/transfer documents (receipt, V5C change slip, etc.) to back it up. 2. Witness Statement (when ordered by court) Clearly state: “I was not the keeper of the vehicle on [date]. The DVLA has confirmed this in writing (Exhibit A).” Attach the DVLA letter as evidence. 3. Inform Claimant (optional, but helpful) Write to DCB Legal referencing CPR 16.5(3) & PoFA. Point out that they are pursuing the wrong party and invite them to discontinue. (No need to name the new owner — he isn’t obliged to provide that info.) 4. At Hearing Present DVLA letter. Argue that claimant has no cause of action. Ask for costs under CPR 27.14(2)(g) for unreasonable conduct (at least travel & loss of earnings capped at £95/day). --- 🛡️ Bottom Line This claim is dead in the water if defended properly.

Perfect — here’s a two-part response pack your group member Darius can adapt. --- 1️⃣ Letter to DCB Legal (Before Witness Statement Stage) (Send by email & post. Keep it polite but firm.) Subject: Claim No. [XXXX] – Wrong Defendant – Request for Discontinuance Dear Sirs, I refer to your claim on behalf of Smart Parking Ltd. Please note that I was not the registered keeper of the vehicle [registration] on the date of the alleged parking event, [date]. The DVLA has confirmed this in writing, showing my disposal of the vehicle on [date]. A copy of this letter will be produced to the Court as Exhibit A. Your claim is therefore entirely misconceived and has been issued against the wrong defendant. You have no cause of action against me. Continuing with this claim in light of the evidence already provided will amount to unreasonable conduct under CPR 27.14(2)(g). Should you proceed, I will invite the Court to strike out the claim and award me my full costs. I therefore invite you to discontinue this claim immediately. Please confirm in writing within 7 days. Yours faithfully, [Name] --- 2️⃣ Witness Statement (for Court bundle when ordered) (Keep it short and focused. Attach DVLA letter as Exhibit A.) IN THE [NAME] COUNTY COURT Claim No: [XXXX] Between: Smart Parking Ltd (Claimant) and [Your Name] (Defendant) --- Witness Statement of [Your Name] 1. I am the Defendant in this matter. I make this statement in opposition to the claim. 2. The Claimant alleges liability for a parking charge dated [date]. At that time, I was neither the driver nor the registered keeper of the vehicle [registration number]. 3. I disposed of the vehicle on [date]. The DVLA has confirmed in writing that my ownership ceased on this date. I exhibit this letter as Exhibit A. 4. As I was not the registered keeper, no liability can attach to me under the Protection of Freedoms Act 2012, Schedule 4. The Claimant has no cause of action against me.

The 8 weeks complaints procedure is an Ombudsman rule, after which you have the right a Final Decision Letter which you can take to the Financial Ombudsman Service (FOS).

In theory maybe, in practice not so much.