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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.

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Comments

  • Coupon-mad
    Coupon-mad Posts: 161,695 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    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 THREAD
  • G678F567
    G678F567 Posts: 10 Newbie
    Name Dropper First Post

    Yes he was

  • Coupon-mad
    Coupon-mad Posts: 161,695 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    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).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • G678F567
    G678F567 Posts: 10 Newbie
    Name Dropper First Post

    Where can i find that please ?

  • Gr1pr
    Gr1pr Posts: 13,538 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    In the defence template thread in announcements near the top of the forum

  • Coupon-mad
    Coupon-mad Posts: 161,695 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    And use the one for cases with no breach pleaded.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 26,362 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    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

  • G678F567
    G678F567 Posts: 10 Newbie
    Name Dropper First Post

    Thanks all i have drafted a defence.


    DEFENCE

    1. The Defendant denies liability for the entirety of the claim.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. The Claimant relies on ANPR timestamps which do not represent actual parking time but merely entry and exit times, including non-parking activities.
    10. 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.
    11. In the circumstances, the claim is without merit and should be dismissed.
    blob:https://forums.moneysavingexpert.com/c85fae50-7030-4b8d-86e7-88f0991cb8f2 There was an error displaying this embed.
  • Coupon-mad
    Coupon-mad Posts: 161,695 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 May at 12:57PM

    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 THREAD
  • G678F567
    G678F567 Posts: 10 Newbie
    Name Dropper First Post

    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.

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