05-14-2026, 08:11 AM
This case concerns a Parking Charge Notice (private parking firm) issued by Smart Parking Ltd, relating to an alleged contravention on Sunday, 08 January 2023 and 23/04/2023. The notice itself is dated an unspecified date, and I first became aware of it via received initial notice.
The notice appears to have been issued as By post (ANPR/camera). Driver identified status: NO. Equality Act considerations: No. The location is stated as Collingham House, Wimbledon, London.
A preliminary Protection of Freedoms Act (PoFA) assessment indicates PENDING: Enter the notice issue date to calculate deemed delivery and timing. Route applied: Not specified. The notice is treated as given on Not available.
Current stage:
- Notice responded to: Yes
- Debt recovery letters: No
- Letter of Claim: Yes
- County Court claim: Yes
- Letter of Claim responded to: Yes
- Letter of Claim source: Unsure
Response/appeal already sent (verbatim where possible):
A response was sent to BW Legal following receipt of a Letter of Claim in March 2025.
The alleged debt was disputed. The Defendant confirmed the correct address for service and requested the matter be placed on hold for 30 days pursuant to the Pre-Action Protocol for Debt Claims.
No admission was made as to the identity of the driver.
The response also challenged the additional £60 debt recovery/admin sum and requested clarification as to the legal basis of the additional charges.
Subsequent correspondence from BW Legal continued to assert liability and justify the £60 add-on as debt recovery costs.
Letter of Claim response already sent (verbatim where possible):
Dear Sirs,
Your Ref. XXX
Proposed Legal Proceedings
Claimant: Smart Parking Ltd
I refer to your letter of claim.
I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:
XXX
The alleged debt is disputed and any court proceedings will be vigorously defended.
I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017.
I note that the amount being claimed has increased by a hugely exaggerated amount.
I also requested clarification regarding the legal basis of the additional £60 debt recovery/admin charges being claimed.
No admission was made as to the identity of the driver.
Yours faithfully,
XXX
County Court claim deadlines: issue date Wednesday, 06 May 2026, deemed service Monday, 11 May 2026, AoS deadline 4pm Tuesday, 26 May 2026, defence deadline without AoS 4pm Tuesday, 26 May 2026, and defence deadline with AoS 4pm Monday, 08 June 2026.
Additional notes provided:
The claim form appears to relate to two separate alleged contraventions dated 08/01/2023 and 23/04/2023 at Collingham House, Wimbledon.
The original PCNs and earlier correspondence were not received at the time due to an old V5C address being held.
The Defendant later updated BW Legal with the correct address during pre-action correspondence in March 2025.
Smart Parking are understood not to rely on PoFA keeper liability wording in their notices, and throughout all correspondence no admission has been made as to the identity of the driver.
Coincidentally, I am personally familiar with Collingham House. It is a vaguely signposted rooftop parking level above an Evans Cycles store. Some bays appear to be allocated to Evans Cycles customers whilst others appear to belong to private businesses/offices within the building. From memory, the layout and signage could easily cause confusion between customer bays and privately allocated bays.
I note there are two separate alleged contraventions. Given the location and layout, it appears entirely plausible that a visitor to Evans Cycles may have mistakenly parked in an incorrect bay due to unclear differentiation between the spaces.
I am unclear why after contesting this now several years later I have received a claim form out of nowhere.
https://forums.moneysavingexpert.com/dis...mbledon/p1
Please can I have advice on the strongest next steps and defence points for this case.
The notice appears to have been issued as By post (ANPR/camera). Driver identified status: NO. Equality Act considerations: No. The location is stated as Collingham House, Wimbledon, London.
A preliminary Protection of Freedoms Act (PoFA) assessment indicates PENDING: Enter the notice issue date to calculate deemed delivery and timing. Route applied: Not specified. The notice is treated as given on Not available.
Current stage:
- Notice responded to: Yes
- Debt recovery letters: No
- Letter of Claim: Yes
- County Court claim: Yes
- Letter of Claim responded to: Yes
- Letter of Claim source: Unsure
Response/appeal already sent (verbatim where possible):
A response was sent to BW Legal following receipt of a Letter of Claim in March 2025.
The alleged debt was disputed. The Defendant confirmed the correct address for service and requested the matter be placed on hold for 30 days pursuant to the Pre-Action Protocol for Debt Claims.
No admission was made as to the identity of the driver.
The response also challenged the additional £60 debt recovery/admin sum and requested clarification as to the legal basis of the additional charges.
Subsequent correspondence from BW Legal continued to assert liability and justify the £60 add-on as debt recovery costs.
Letter of Claim response already sent (verbatim where possible):
Dear Sirs,
Your Ref. XXX
Proposed Legal Proceedings
Claimant: Smart Parking Ltd
I refer to your letter of claim.
I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:
XXX
The alleged debt is disputed and any court proceedings will be vigorously defended.
I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017.
I note that the amount being claimed has increased by a hugely exaggerated amount.
I also requested clarification regarding the legal basis of the additional £60 debt recovery/admin charges being claimed.
No admission was made as to the identity of the driver.
Yours faithfully,
XXX
County Court claim deadlines: issue date Wednesday, 06 May 2026, deemed service Monday, 11 May 2026, AoS deadline 4pm Tuesday, 26 May 2026, defence deadline without AoS 4pm Tuesday, 26 May 2026, and defence deadline with AoS 4pm Monday, 08 June 2026.
Additional notes provided:
The claim form appears to relate to two separate alleged contraventions dated 08/01/2023 and 23/04/2023 at Collingham House, Wimbledon.
The original PCNs and earlier correspondence were not received at the time due to an old V5C address being held.
The Defendant later updated BW Legal with the correct address during pre-action correspondence in March 2025.
Smart Parking are understood not to rely on PoFA keeper liability wording in their notices, and throughout all correspondence no admission has been made as to the identity of the driver.
Coincidentally, I am personally familiar with Collingham House. It is a vaguely signposted rooftop parking level above an Evans Cycles store. Some bays appear to be allocated to Evans Cycles customers whilst others appear to belong to private businesses/offices within the building. From memory, the layout and signage could easily cause confusion between customer bays and privately allocated bays.
I note there are two separate alleged contraventions. Given the location and layout, it appears entirely plausible that a visitor to Evans Cycles may have mistakenly parked in an incorrect bay due to unclear differentiation between the spaces.
I am unclear why after contesting this now several years later I have received a claim form out of nowhere.
https://forums.moneysavingexpert.com/dis...mbledon/p1
Please can I have advice on the strongest next steps and defence points for this case.
