Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: maxxx778 on December 06, 2025, 09:54:07 am
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Counterclaim for what? Which unregulated private parking firm have infested your location and which bottom-dwelling bulk litigation firm have they used to submit the Letter of Claim (LoC)?
Irrespective of which firms you are referring to, simply threatening a counterclaim will not stop them issuing a claim and, unless you have something substantial the counterclaim with, you are likely to do your case mare harm that good. You can always sue later (separately from a combined defence/counterclaim) if you have good reason to do so.
A Part 20 counterclaim will stop them from just discontinuing or having the claim simply struck out. If the claimant usually discontinues, a counterclaim filed under Part 20 may become 'stranded'. Once the main claim is discontinued, the court has discretion whether the counterclaim continues as a standalone claim or is struck out. CPR 38.7 and CPR 20.9 are relevant here. Discontinuance doesn’t automatically kill a counterclaim, but the court may require you to pay a fresh fee or re‑issue it.
If you keep the counterclaim separate:, you avoid procedural entanglement. You can issue your own claim in the ordinary way, ensuring it isn’t dependent on the claimant’s tactical discontinuance. But you pay a separate issue fee and run a separate timetable. It is no more expensive or cheaper than if you file a Part 20 counterclaim with the defence/AoS.
If you show us the LoC and any PCN referred to in that letter (original Notice to Driver/Keeper only. No reminders.) we can advise further on how to respond and what happens next.
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have you approached the management agents about this ?
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Have a LoC for a PCN - no permit displayed in residential parking where I am tenant.
The AST gives unfettered parking rights with no mention of permits or any parking management. Just taxed/roadworthy/no commercial vehicles. The AST pre-dates any parking management by several years.
I have collated a lot of the excellent knowledge on here to submit my response including primacy of contract, not compliant with PAPDC. Many thanks.
My question is has anyone on here been successful with a counterclaim against the landowner as jointly /severally liable with PPC for derogation from grant.
Being a holder of AST I cannot bring in Landlord and Tenant Act 1987 S37 - requiring a poll and consent of leaseholders to vary lease, as it is not a long lease. Surely if my tenancy had been varied I would know about and signed for it.
Is it worth pursuing this or a breach of rights to quiet enjoyment.