As long as you submitted the AoS before the deadline, then you still have until 4pm on Monday 18th August to submit the defence. It doesn't matter when the AoS is submitted, as long as it is before the deadline. Even if the AoS is submitted the day after you receive the claim, it extends the deadline for defence submission to 28 days from the date of service, which is 5 days after the issue date. If the 28th day falls on a weekend or bank holiday, then the deadline is extended to 4pm on the next working day.
As you are now going to submit the defence, I advise you to do so using the following information:
You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.
When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of Parkmaven Ltd v [your full name] Claim no.: [claim number]."
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
Parkmaven 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 16.7.3(1);
(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 Claimant’s 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:
Draft Order for the defence (https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0)
After the first time you log into MCOL, any subsequent log in is via your Government Gateway. You can email MCOLITassistance@justice.gov.uk with:
• Your claim number
• our full name and address
• a screenshot or description of the error
• request for urgent access or confirmation of claim status
Did you submit an AoS? Did you follow the instructions to the letter in the linked PDF on how to submit the AoS? If you did not submit your defence or at least an AoS by 4pm on Monday 4th August, then the “bar has been put in place” message typically means the claimant has requested a default judgment or the claim has progressed to a stage where online responses are restricted.
If you didn't submit an AoS by the date above, why not?
As for your questions above the defence, you have been advised what to put in it. Anything else, should it ever proceed all the way to a hearing and the claimant submits their Witness Statement, then you can rebut their allegations with all the detail you have questioned.
For example: "Also, Parkmaven admitted via e-mail that they do not have a proof of delivery for the letter". Of course they DON'T have proof of delivery if they didn't use a recorded delivery service, which they don't. However, if they claim it was posted, you can put them to proof that it was in fact posted by way of a "proof of posting" certificate or equivalent.
The rebuttable presumption of posting arises from Section 7 of the Interpretation Act 1978, which states:
“Where an Act authorises or requires any document to be served by post (whether the expression ‘serve’ or the expression ‘give’ or ‘send’ or any other expression is used), then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”
The rebuttable presumption under the Interpretation Act does not magically shift the burden of proof onto the defendant. The claimant must first establish the foundational facts—that the notice was:
• Properly addressed
• Prepaid
• Actually posted
Only then does the presumption kick in. And even then, it’s rebuttable, meaning the defendant’s credible denial of receipt can defeat it, especially if the claimant cannot produce evidence of posting.
Anyway, back to the main question... Did you submit an AoS before 4pm on Monday 4th August?
Yes I have submitted the AoS on 30/07/2025 but not through MCOL as I was unable to log. Because of that I have called the money claim tel number provided on the gov.uk website and I have been advised to send the AoS via email at aos.cnbc@justice.gov.uk
As I did mention that I was unable to log, the same adviser confirmed that there might be issues with the MCOL portal and also advised me to submit my defence statement via e-mail at claim responses.cnbc@justice.gov.uk.
To be honest I tried to use chat GPT to formulate my defence/ witness statements according to info provided and it did to some degree, but focused on the information provided by me but failed rebutting the PoC's even if I did provide them.
I never even though that the claimant PoCs might be flawed or incorrect because is the first time when I am dealing with a money claim or anything related to courts and tribunals, so that comes as a foreign language to me :) Therefore I am very much amazed of the clarity and technicality you provided and very grateful indeed!
Sorry to repeat myself but I just want to make sure I ma not sending the wrong things...
Do I copy/paste the defence you posted and send it via email: claimresponses.cnbc"justice.gov.uk - will this be ok? is it better to try to contact MCOLITassistance@justice.gov.uk as you advised, I am not sure I have enough time for that, as in if they will respond in time. To be honest I thought today is the last day when I can submit my defence statement (the 14th day extension from the day I submitted the AoS which was on 30/07/2025)? if the deadline is on 18ht of August that's amazing, gives me some relief.
From what I read there is no need to submit any evidence (print screens of parking signage, receipts from ASDA or email correspondence with the claimant) until the witness statement stage, whenever that is. Moreover if none of those details are mentioned in the defence drafted by you as the defence is focused on rebutting the claimant PoC's that kind of evidence is irrelevant now.
Apologies for the long post and again thank you so much for your advice and help with this!
After the first time you log into MCOL, any subsequent log in is via your Government Gateway. You can email MCOLITassistance@justice.gov.uk with:
• Your claim number
• our full name and address
• a screenshot or description of the error
• request for urgent access or confirmation of claim status
Did you submit an AoS? Did you follow the instructions to the letter in the linked PDF on how to submit the AoS? If you did not submit your defence or at least an AoS by 4pm on Monday 4th August, then the “bar has been put in place” message typically means the claimant has requested a default judgment or the claim has progressed to a stage where online responses are restricted.
If you didn't submit an AoS by the date above, why not?
As for your questions above the defence, you have been advised what to put in it. Anything else, should it ever proceed all the way to a hearing and the claimant submits their Witness Statement, then you can rebut their allegations with all the detail you have questioned.
For example: "Also, Parkmaven admitted via e-mail that they do not have a proof of delivery for the letter". Of course they DON'T have proof of delivery if they didn't use a recorded delivery service, which they don't. However, if they claim it was posted, you can put them to proof that it was in fact posted by way of a "proof of posting" certificate or equivalent.
The rebuttable presumption of posting arises from Section 7 of the Interpretation Act 1978, which states:
“Where an Act authorises or requires any document to be served by post (whether the expression ‘serve’ or the expression ‘give’ or ‘send’ or any other expression is used), then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”
The rebuttable presumption under the Interpretation Act does not magically shift the burden of proof onto the defendant. The claimant must first establish the foundational facts—that the notice was:
• Properly addressed
• Prepaid
• Actually posted
Only then does the presumption kick in. And even then, it’s rebuttable, meaning the defendant’s credible denial of receipt can defeat it, especially if the claimant cannot produce evidence of posting.
Anyway, back to the main question... Did you submit an AoS before 4pm on Monday 4th August?