Private operator PCN for parking on public highway

Le_Kirk

Thisisloz said:

Hi @Coupon-mad thank you for your response above. I've received a claim from BW and am sharing the first draft of my defence, if anyone could kindly review?

What is the date of issue of the N1SDT claim form and when did you or will you complete the AoS?  If you post those dates, we can give you some info about your deadlines.

Thisisloz

Thanks for everyone's  input, it's really helpful and much appreciated. 

Thisisloz

Le_Kirk said:

Thisisloz said:

Hi @Coupon-mad thank you for your response above. I've received a claim from BW and am sharing the first draft of my defence, if anyone could kindly review?

What is the date of issue of the N1SDT claim form and when did you or will you complete the AoS?  If you post those dates, we can give you some info about your deadlines.

N1SDT issue date : 24/9/25
AoS : 4/10/25

Le_Kirk

With an issue date of 24/09/25 and having completed the AoS in a timely manner

your defence deadline date is 4.00 p.m. on 27/10/25

Thisisloz

Thanks again for everyone's input.

Potentially tempting fate here but I'm hearing that the parking company have to comply with GDPR when accessing data from the DVLA. If the PCN's are deemed invalid then they should have not accessed by data and in fact would be in breach of GDPR and open to a counter claim. Can anyone confirm if this is true/worth while?

Gr1pr

The parking company access DVLA data under reasonable cause, but must have a valid KADOE contract and be a member of a trade body,  so either the IPC or the BPA,  so IPC in your case 

So I doubt that you could counter claim unless you complained about it to the DVLA first, possibly the ICO as well if you believe that your data protection was breached, although they might expect you to complain to the parking company and the IPC first

No pcn is invalid,  it's just an invoice from a private parking company 

But, it may be unenforceable 

Thisisloz

On to the next step - I've received a Notice of Proposed Allocation to the Small Claims Track and a Directions Questionnaire from the Courts and a copy of the claimants completed DQ from BW. 

I have until 27th November to complete my questionnaire and file with the court. 

The claimant has submitted the following responses in their DQ:

C1. They agree that the small claims track is the appropriate track for the case. 
D1. The claim is not suitable for determination without a hearing, because - "the case requires technical submissions on a number of aspects of my claim, including the formation of the contract. Such submissions will be presented by counsel or a solicitors' agent. Equally, the Claimant will want to cross examine the Defendant and/or their witnesses. Therefore, the case is not suitable to be dealt with on paper, or without a hearing."
F2. They have no expert evidence. 
F3. They have no witnesses. 

I’m completing my DQ and wanted to check here before submitting. The only section I’m unsure about is whether I should say that the case can be determined without a hearing.

On one hand, I’m absolutely willing to attend a hearing, but given how unenforceable the PCNs appear, it feels like a hearing may be an unnecessary use of court time, as the documents and evidence alone should be sufficient for a judge to reach a conclusion.

On the other hand, I’m conscious that indicating the case does not need a hearing might be interpreted as me trying to avoid attending court, which isn’t the case.

Any thoughts?

Thank you in advance

Coupon-mad

This is already covered in the first 8 steps.