Help with completing defence statement

Luckynumber10

Hi all,
I received a parking charge from UKPC in Oct 2024 after allegedly parking on private property. I appealed this originally as I was physically being prevented from leaving the car park due to another vehicle user blocking the only exit from the car park, and the fact that the hotel had a 15 minute drop off policy, the fine states we were on private land for 15mins & 21 secs.

i have now received a letter from HM Courts & Tribunals Service. I submitted my AoS on 07/09/25 and now would really appreciated any help with submitting my defence. Thank you in advance. 

Nellymoser

See the Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited in 2025
It's 1 of 7 Announcement threads at the top of page 1.

James_Poisson

As above, but why didn't you complain to the hotel as soon as you received the UKPC invoice?

It isn't a "fine" you won't find that word in any correspondence.

Luckynumber10

Nellymoser said:

See the Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited in 2025
It's 1 of 7 Announcement threads at the top of page 1.

Thank you for this! I’ll take a look

Luckynumber10

James_Poisson said:

As above, but why didn't you complain to the hotel as soon as you received the UKPC invoice?

It isn't a "fine" you won't find that word in any correspondence.

I did, however they had then taken the decision to remove the 15 minute drop off policy as they said it was causing too many issues and they could no longer liaise with UKPC about it. 

Luckynumber10

Thanks again for the advice. I have now drafted my defence template. Is it best to submit this now or wait until closer to the deadline? I submitted my AoS on 07/09 which was received on 08/09 - is it 28 days from 08/09 I have to submit please? This is unclear 

Gr1pr

You completed the AOS early, but usually the defence submission deadline is 4pm, 33 days after the issue date,  making that deadline 7th October,  but to be safe I suggest that you submit it by the 3rd October by 4pm, or this month instead

If you want your adapted paragraphs checking,  post them below 

The POC says registered users only   (  Ukpc  )

Luckynumber10

Gr1pr said:

You completed the AOS early, but usually the defence submission deadline is 4pm, 33 days after the issue date,  making that deadline 7th October,  but to be safe I suggest that you submit it by the 3rd October by 4pm, or this month instead

If you want your adapted paragraphs checking,  post them below 

The POC says registered users only   (  Ukpc  )

Thank you! That’s helpful.  I realise now I was too eager to complete the AoS but I must admit I did panic upon receiving the letter from HMCTS. I removed paragraph 10 of the template but all the rest unchanged besides some tiny details which I didn’t feel were relevant to my case. Please see my own submission at paragraph 3 - please go easy on me, this type of thing is way out of my comfort zone lol.

3. At all times the Defendant intended to comply with the permitted parking period and leave within the allotted time of 15 minutes as advised by the Cabot Court Hotel in line with their ‘drop off’ policy.

However, the Defendant was physically prevented from leaving the car park due to another vehicle blocking the only available exit route.  This obstruction meant that the Defendant could not lawfully or safely move their vehicle without causing criminal damage to other vehicles or property.  As a result, the time the Defendant’s vehicle remained in the car park was beyond their control.  The Defendant was not voluntarily ‘parking’ but was involuntarily detained due to circumstances outside of their power. 

The Claimant’s own evidence photograph actually supports the Defendant’s position; the Defendant can be seen seated in their vehicle, with their seat belt securely fastened, with the headlights visible proving the vehicle’s ignition was on and the Defendant was in the process of leaving the area.  The obstruction caused by the vehicle blocking the exit route is also visible from the same image.

The signage relied upon by the Claimant does not make provision for situations where a driver is unable to leave through no fault of their own. Any attempt to penalise a motorist for being ‘trapped’ amounts to an unfair term under Consumer Rights Act 2015.  A contract cannot be enforced where compliance was made impossible by circumstances outside of the Defendant’s control.

For the reasons above, the Defendant submits that no liability arises and respectfully invites the Court to dismiss the claim.

Gr1pr

Paragraph 2, add and the driver to the end of paragraph 2

Paragraph 3 ,  Change power to control, add so Frustration of Contract after it

Make The signage relied etc paragraph 4, and renumber the rest, then post the revised paragraphs below,  including paragraph 2

Luckynumber10

Gr1pr said:

Paragraph 2, add and the driver to the end of paragraph 2

Paragraph 3 ,  Change power to control, add so Frustration of Contract after it

Make The signage relied etc paragraph 4, and renumber the rest, then post the revised paragraphs below,  including paragraph 2

Hi, thanks for your help. 

Please see revised paragraphs 2 and 3:

2. The allegation and heads of cost are vague, and liability is denied for the sum claimed, or at all. At the very least, interest should be disallowed; the delay in bringing proceedings lies with the Claimant. This also makes retrieving material documents/evidence difficult, which is highly prejudicial. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5).  The Defendant has little recollection of events, save as set out below and to admit that they were the registered keeper and driver.

3. At all times the Defendant intended to comply with the permitted parking period and leave within the allotted time of 15 minutes as advised by the Cabot Court Hotel in line with their ‘drop off’ policy.

However, the Defendant was physically prevented from leaving the car park due to another vehicle blocking the only available exit route.  This obstruction meant that the Defendant could not lawfully or safely move their vehicle without causing criminal damage to other vehicles or property.  As a result, the time the Defendant’s vehicle remained in the car park was beyond their control.  The Defendant was not voluntarily ‘parking’ but was involuntarily detained due to circumstances outside of their control so Frustration of Contract.

The Claimant’s own evidence photograph actually supports the Defendant’s position; the Defendant can be seen seated in their vehicle, with their seat belt securely fastened, with the headlights visible proving the vehicle’s ignition was on and the Defendant was in the process of leaving the area.  The obstruction caused by the vehicle blocking the exit route is also visible from the same image.

Le_Kirk

With an issue date of 04/09/25 and having completed the AoS in a timely manner

your defence deadline date is 4.00 p.m. on 07/10/25