We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Court claim form
Looking to get some advice on preparing a defence for a court claim letter for a PCN received from civil enforcement ltd.
I will be doing the acknowledgement of service.
Comments
-
Was the defendant the driver?
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Yes he was
0 -
OK, so he uses the defence shown for CEL in-house claims. No words to add.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Where can i find that please ?
0 -
In the defence template thread in announcements near the top of the forum
1 -
And use the one for cases with no breach pleaded.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
With an issue date of 21/04/26 and providing you complete(d) the AoS after 26/04/26 and before or on 10/05/26 your defence deadline date is 4.00 p.m. on 26/05/26
1 -
Thanks all i have drafted a defence.
DEFENCE- The Defendant denies liability for the entirety of the claim.
- The Particulars of Claim are vague and fail to disclose a clear cause of action. They do not specify the precise contractual terms allegedly breached, nor the conduct said to constitute the breach. The claim is therefore deficient.
- The Defendant’s vehicle was recorded by ANPR entering and exiting the site, with a total duration of approximately 34 minutes. This period includes time spent entering the site, locating a parking space, reading any signage, and deciding whether to remain.
- The Defendant did not accept any purported parking contract. After a brief period, the Defendant decided not to remain on the premises and exited the site. No agreement to pay any parking charge was knowingly or expressly made.
- The Defendant avers that the signage at the site was insufficiently clear and prominent to communicate any key terms. In particular, any alleged requirement relating to a 15-minute maximum stay or immediate payment was not clearly displayed at the entrance or in a manner capable of binding a reasonable driver.
- The entrance signage was inadequate. Any signage present was small, positioned away from the driver’s direct line of sight, and incapable of properly conveying the terms and conditions before parking. As such, no contract was capable of being formed.
- Further, the Claimant failed to allow a reasonable grace period for the Defendant to read and consider any terms and conditions, contrary to the standards set by the British Parking Association Code of Practice.
- The Defendant understands that the Claimant may rely on a purported 15-minute free parking period. However, this term was not prominently displayed. In any event, the total time on site includes a reasonable grace period to read signage and decide whether to remain. The Defendant chose not to accept any terms and left within a reasonable time.
- The Claimant relies on ANPR timestamps which do not represent actual parking time but merely entry and exit times, including non-parking activities.
- The sum claimed is excessive and includes additional amounts which are not recoverable. The claim appears to include inflated charges and interest, constituting an attempt at double recovery, which is unsupported by the principles established in ParkingEye Ltd v Beavis.
- In the circumstances, the claim is without merit and should be dismissed.
0 -
No, you were not advised to draft anything! Please don't use AI or write your own. Not needed!
We already told you which version to copy & paste. A bespoke defence is already written for cases with no breach pleaded, and we told you where it is.
Please don't copy it here though. We don't need to check it.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
cant find the defence you are referring to i clicked on the link in announcements as instructed
It says its in a blue rectangle but cant find it.
0
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.5K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.4K Work, Benefits & Business
- 604.2K Mortgages, Homes & Bills
- 178.5K Life & Family
- 261.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards



