No! Do not indicate that you intend to counterclaim. A counterclaim complicates things (extra issues, evidence, track/fees), can blunt the “no real prospect” focus, and may delay or derail a quick SJ disposal.
You can still recover your application fee and LiP costs (£24/hr) on an unreasonable conduct basis without any counterclaim.
If you have a separate grievance (e.g. data misuse), keep it separate and issue later—unless a limitation deadline is about to expire (in which case consider a separate claim now, not a Part 20 counterclaim).
All you would need if you wanted to make a separate claim is to add a single additional point in your defence with:
9. The Defendant reserves the right to bring a separate claim arising from the Claimant’s conduct once these proceedings are concluded.
So, submit the defence first and then follow these steps on how to submit the application for Summary Judgment:
Step 1 – Objective
Apply now for summary judgment under CPR 24.2; alternatively strike-out under CPR 3.4(2)(a)/(b); seek costs.
Step 2 – Documents to prepare
a) N244 (current HMCTS “N244 Application notice (06.22) (https://assets.publishing.service.gov.uk/media/65eb1c6b5b652445f6f21b01/N244_0622_save.pdf)”)
b) Draft Order
c) Witness Statement with Exhibits A–D
d) Skeleton Argument (2 pages max)
e) Costs Schedule
f) Covering email/letter to CNBC and Certificate of Service
Step 3 – Complete N244 (key entries)
Q1: Your name and address as Defendant.
Q2: Defendant.
Q3 (order sought and why): Insert the draft below under “Q3 text”.
Q4: Yes (a hearing).
Q5: Defendant.
Q6: Leave blank for court to fix.
Q7: Leave blank for court to fix.
Q8: District Judge.
Q9: Tick “the evidence set out in the attached witness statement”.
Q10: Tick “witness statement”.
Q11: Write “N/A”.
Statement of truth: sign and date. You can sign by typing your full name. No need for a wet signature.
Q3 text (copy/paste):
The Defendant applies for summary judgment under CPR 24.2 on the whole claim on the basis that the Claimant has no real prospect of succeeding and there is no other compelling reason for a trial. The alleged parking event occurred in Scotland; the Defendant does not admit being the driver; Schedule 4 of the Protection of Freedoms Act 2012 does not extend to Scotland and the Claimant pleads no viable basis in Scots law to fix a keeper with liability. The Particulars of Claim are also defective: they fail to identify the location, the contractual terms relied upon, the cause of action, or whether the Defendant is sued as driver or keeper (contrary to CPR 16.4 and PD16). Alternatively, the claim should be struck out under CPR 3.4(2)(a)/(b). Directions sought: list and determine this application before allocation; if already allocated, treat and determine it as a CPR 3.4 application at the first hearing. Costs sought per the attached draft order.
Step 4 – Draft Order (copy/paste)
UPON the Defendant’s application and upon reading the evidence, IT IS ORDERED THAT:
1. Summary judgment is entered for the Defendant pursuant to CPR 24.2 and the claim is dismissed.
2. The Claimant shall pay the Defendant’s costs of the application and the claim as follows:
a. Primarily, fixed costs under Practice Direction 45 Table 1(C) (if and insofar as applicable), together with the application fee of £313, payable within 14 days; or
b. Alternatively, if allocated or treated as small claims, costs under CPR 27.14(2)(g) for unreasonable conduct, to include the application fee, the Defendant’s litigant-in-person time at £24 per hour, and reasonable disbursements, summarily assessed.
Alternatively to paragraph 1:
3. The claim is struck out pursuant to CPR 3.4(2)(a) and/or (b).
4. Costs as in paragraph 2.
5. Liberty to apply on 7 days’ notice.
Step 5 – Witness Statement (edit facts, then sign by typing your full name)
IN THE COUNTY COURT
Claim No: [ ]
Between: National Car Parks Ltd v [Defendant]
WITNESS STATEMENT OF [DEFENDANT]
1. I am the Defendant. I make this statement from my own knowledge and belief.
2. The claim concerns an alleged private parking charge. The Particulars of Claim do not identify the location of the alleged event, the contractual terms relied upon, the cause of action, or whether I am pursued as driver or keeper. No contract or document is exhibited.
3. The alleged event occurred in Scotland. Any contract, if formed at all, would have been formed there. I do not admit to being the driver and the Claimant has no evidence that I was the driver.
4. Schedule 4 of the Protection of Freedoms Act 2012 (keeper liability) does not extend to Scotland. The Claimant has not pleaded any viable basis in Scots law to fix a registered keeper with liability where the driver is not identified.
5. On these facts the claim has no real prospect of success. Further, the template Particulars are so lacking in essential detail as to disclose no reasonable grounds.
6. I ask the Court to enter summary judgment under CPR 24.2 or, alternatively, to strike out the claim under CPR 3.4(2)(a)/(b). I seek my costs as set out in my costs schedule.
Exhibits:
A – Extracts from the Protection of Freedoms Act 2012 showing territorial extent and the heading to Schedule 4.
B – Evidence that the alleged event location is in Scotland (e.g. NtK copy, photographs, map).
C – Copy of the sealed Claim Form and Particulars of Claim with omissions highlighted (including absence of location).
D – Authorities list (optional) noting strike-outs for non-compliant PoC (e.g. CEL v Chan (https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=ne79l51f&dl=0); CPMS v Akande (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=4ytqr16m&dl=0)).
Statement of Truth
I believe that the facts stated in this Witness Statement 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: [Type full name]
Date:
Step 6 – Skeleton Argument (2 pages max)
IN THE COUNTY COURT
Claim No: [ ]
Between: National Car Parks Ltd v [Defendant]
A. Issues
1. Whether the Claimant has any real prospect of success against the Defendant as registered keeper where the incident was in Scotland and the driver is not admitted or proved.
2. Whether the Particulars disclose reasonable grounds.
B. Facts (concise)
3. Alleged parking charge; PoC omit location, terms, cause of action, basis of liability.
4. Alleged event in Scotland; Defendant does not admit being driver.
C. Law
5. Summary judgment test: CPR 24.2.
6. Strike-out: CPR 3.4(2)(a)/(b) and pleading standards in CPR 16.4(1)(a) and PD16.
7. PoFA 2012 Sch 4 creates keeper liability only in England and Wales; it does not extend to Scotland.
D. Application to facts
8. No driver admitted or evidenced; no statutory keeper liability in Scotland; no pleaded Scots-law basis. No real prospect.
9. PoC are template and fail to identify location or terms; disclose no reasonable grounds; proceeding is an abuse of process.
E. Relief
10. Summary judgment; alternatively strike-out; costs per draft order.
[/b][/b]
Step 7 – Costs Schedule
IN THE COUNTY COURT
Claim No: [ ]
Between: National Car Parks Ltd v [Defendant]
Party: Defendant (litigant in person)
Application fee (N244): £313
Preparation time for application, witness statement, exhibits, skeleton, draft order: [insert hours] x £24/hour = £[ ]
Hearing preparation and attendance (estimate): [insert hours] x £24/hour = £[ ]
Printing, postage, travel: £[ ]
Total sought: £[ ]
Primary: PD 45 Table 1(C) fixed application costs if applicable plus £313 fee.
Alternative: CPR 27.14(2)(g) unreasonable conduct, seeking the above sums, summarily assessed.
Step 8 – Covering email/letter to CNBC
Subject: [Claim No] – Defendant’s Application for Summary Judgment (CPR 24.2) or Strike-Out (CPR 3.4)
Dear Sir or Madam,
Please find attached the Defendant’s N244, Draft Order, Witness Statement with Exhibits, Skeleton Argument and Costs Schedule. The Defence has been filed. The application seeks determination before allocation; if already allocated, it seeks determination as a CPR 3.4 application at the first hearing. Please confirm filing and advise payment of the £313 application fee.
Yours faithfully,
[Name]
[Address, email]
Step 9 – Service on Claimant’s solicitors (email and post)
Send the same bundle to Moorside Legal’s service email (help@moorsidelegal.co.uk), CC yourself and by first class post the same day. Send by First Class post and get a free certificate of posting (Proof of Posting) from any Post Office.
Step 10 – Certificate of Service
Once you have posted the bundle to Moorside Legal, you can either complete and an N215 (Certificate of Service) form (https://assets.publishing.service.gov.uk/media/5ffefcf2e90e0763a8db97bb/n215-eng.pdf) or just send the following with your N244 application bundle:
Certificate of Service
Claim No: [ ]
Between: National Car Parks Ltd v [Defendant]
I, [name], certify that on [date of posting] I served the Defendant’s application bundle (N244, Draft Order, Witness Statement with exhibits, Skeleton Argument, Costs Schedule) on the Claimant’s solicitors, Moorside Legal, by first-class post to: Unit 1.01, Hollinwood Business Centre, Albert Street, Failsworth, Oldham, OL8 3QL.
Service is deemed on [insert the second business day after posting, per CPR 6.26].
A proof of posting certificate dated [date] is retained.
Signed: [Type full name]
Dated: [date]
Step 11 – After the court lists the hearing
Comply with CPR 24.5 timetable: serve any reply evidence no later than 3 days before; check if the Claimant serves evidence 7 days before. File and serve a concise hearing bundle if the court orders one.
Step 12 – At the hearing
Open with the Scottish locus, non-admission of driver, non-applicability of PoFA Schedule 4, and defective PoC (no location, no terms, no cause of action). Ask for summary judgment; alternatively strike-out; then costs per the draft order.