IN THE COUNTY COURTClaim No: [Claim Number]BETWEEN:
Euro Car Parks Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
DEFENCE
1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.
2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.
3. The Defendant is unable to plead properly to the PoC because:(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);
(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;
(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)
(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;
(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;
(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.
4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;
(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;
(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).
(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.
5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimants failure to comply with CPR 16.4.
Statement of truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed:
Date:
A County Court Judgment (CCJ) does not just happenit follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:1. Parking Charge Notice (PCN) Issued The parking company sends a letter (Notice to Keeper) demanding money.
This is not a fineits an invoice for an alleged breach of contract.
2. Opportunity to Appeal The recipient can appeal to the parking company.
If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).
If an appeal is lost or ignored, the parking company demands payment.
3. Debt Collection Letters The parking company might send scary letters or pass the case to a debt collector.
Debt collectors have no powerthey just send letters and can be ignored.
No CCJ happens at this stage.
4. Letter Before Claim (LBC) If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).
This is a warning that they may start a court case.
The recipient has 30 days to reply before a claim is filed.
No CCJ happens at this stage.
5. County Court Claim Issued If ignored or unpaid, the parking company may file a claim with the County Court.
The court sends a Claim Form with details of the claim and how to respond.
The recipient has 14 days to respond (or 28 days if they acknowledge it).
No CCJ happens at this stage.
6. Court Process If the recipient defends the claim, a judge decides if they owe money.
If the recipient ignores the claim, the parking company wins by default.
No CCJ happens yet unless the recipient loses and ignores the court.
7. Judgment & Payment If the court rules that money is owed, the recipient has 30 days to pay in full.
If they pay within 30 days, no CCJ goes on their credit file.
If they dont pay within 30 days, the CCJ stays on their credit file for 6 years.
Conclusion
CCJs do not appear out of thin air. They only happen if: A parking company takes the case to court.
The person loses or ignores the case.
The person fails to pay within 30 days.
If you engage with the process (appeal, defend, or pay on time), no CCJ happens.
If the case is that they usually discontinue defended claims or lower the amount, then I would look to defend, I was worried about my credit file more than anything.I suggest you read https://www.ftla.uk/private-parking-tickets/pcn-from-ukcps-limited/msg74494/#msg74494 to see how defending these claims will not impact on your credit file.
Is it possible to speak with DCB legal and come to some sort of arrangement on the amount owed if paid nowThis forum advises people on defending claims, so we don't really have (m)any examples of people successfully negotiating. Where people do defend claims, before discontinuing, DCB Legal will often make increasingly desperate attempts to settle at lower and lower amounts.