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Okay I tried to put something together. Please can someone glimps over this before I e-mail this to the court?

DEFENCE
1. Denial of Liability
a)   The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
b)   The Defendant admits being the registered keeper of the vehicle but denies liability for the entirety of the claim.

2. Defective Particulars of Claim
a)   The Particulars of Claim (PoC) fail to comply with CPR 16.4 and Practice Direction 16, lacking sufficient detail to establish a cause of action.
b)   The Defendant is unable to properly plead a full defence due to the following deficiencies:

(a) No contract is attached, contrary to CPR PD 16(7.5);
(b) No specific contractual terms are identified;
(c) No clear details of location, time, or duration of the alleged breach;
(d) No explanation of how the sum claimed has been calculated;
(e) No distinction between the parking charge and additional sums;
(f) The Claimant pleads liability as “driver or keeper,” which is improper.

3. No Keeper Liability (PoFA 2012)
a)   The Claimant has failed to comply with Schedule 4 of the Protection of Freedoms Act 2012.
b)   In particular, the Claimant failed to deliver a compliant Notice to Keeper within the required 14-day period (paragraph 9(4)).
c)   In respect of one alleged contravention, no Notice to Keeper was received at all.
d)   As a result, the Claimant cannot transfer liability from the driver to the Defendant as registered keeper.
e)   The Defendant is under no obligation to identify the driver and has not done so.

4. Failure of Service
a)   The Defendant does not recall receiving any compliant Notice to Keeper within the statutory timeframe.
b)   The Claimant is put to strict proof that:
c)   such notice was issued,
d)   properly served,
e)   and delivered within the required period.
5. No Contract Formed (Signage Issues)
a)   It is denied that any contract was formed between the driver and the Claimant.
b)   The signage at the location was unclear, inconsistent, and inadequate.
c)   The Defendant’s understanding, based on prior signage over several years, was that parking charges only applied during weekday daytime hours.
d)   The driver had used the car park on numerous occasions under this understanding without issue.
e)   Following the alleged events, the signage at the site was replaced, indicating that the previous signage was inadequate or misleading.

The Claimant is put to strict proof of:
1.   the exact signage in place at the time,
2.   its wording,
3.   its visibility and prominence.
4.   In the absence of clear, prominent, and unambiguous signage, no contract can be formed.

6. Inconsistent and Confusing Enforcement
a)   The Defendant has received inconsistent correspondence in relation to two separate alleged contraventions.
b)   One alleged contravention appears not to have been supported by a valid Notice to Keeper.
c)   The volume and inconsistency of correspondence has caused confusion and prejudice.

7. Inflated and Unlawful Charges
a)   The sum claimed has been artificially inflated beyond the original parking charge of sub £2.
b)   Additional sums (including debt recovery fees) are not recoverable and constitute double recovery.
c)   Such practices have been criticised in multiple County Court decisions.

8. Defence Order
The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.

9. Conclusion
The Defendant denies that:
a)   any contract existed,
b)   any breach occurred,
c)   or that any sum is owed.
d)   The claim is without merit and should be struck out or dismissed.


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.

Hi @DWMB2 and @b789,

I hope you have been well and are still around as I can see you’ve been last active in Feb 26.

I know it’s been almost 2 years since the initial post but the N1SDT Claim Form has just arrived, please see below a copy.



It appears that Moorside combined both claims into a single claim on their own as no contact has been made from the registered owner of the car side, and they demand £464.44 GBP in total.

As highlighted in the letter “The driver agreed to pay within 28 days but did not”. As far as the registered owner is aware there has been no contact with anyone (other than here on this forum) regarding this case, so this is misleading if not straight up lying.

I’ve just added the claim on moneyclaim.gov.uk and did the Acknowledgment of Service as per the guidance provided: https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Please can you kindly help me out with my defence? Hopefully it won’t go past this stage….

Hi @cp8759 & @Incandescent,

Further to the post from yesterday I just got the below letter from the council acknowledging my Revoking Order.

Revoking Order


They have also enclosed a copy of the rejection notice that was “posted” to me in November 2024. This is bullshit as the rejection notice for other PCNs arrived together, but this one didn’t? They also never responded to my online submission with the same appeal AND never provided a copy when I asked for it under the Subject Access Request back in late December/January. Not to mention that I was checking the fee amount online troughtout that period and it went down to £65, but from £130 it went up to £195 during that time. So what they are saying just doesn’t add up and not to mention that all of a sudden they found the rejection notice…..

Copy of the Rejection


I have until 19th of June 2025 if I wish to pay the reduced £65 GBP but this has caused so much heartache and effort that I would like to ask for help with appealing this to the tribunal. Is this something you can help me with? What do you need from me.

Hi @b789,

It's been over 150 days since those letters were sent, but nothing informing me that they applied for CCJ. Have they just decided not to or is it more likely that royal mail just never delievered it.

I run the trustonline.org.uk search in the past and it showed nothing but paying £6 each time is getting a bit ridiculous. That said I do not wish to have CCJ on my credit file only because Royal Mail might have not delivered the post. Is there any way to check if they did anything on this or ensure that all court all notifications are done via e-mail?

Hi @cp8759 & @Incandescent,

I hope you are both well.

I just checked and the fine is showing as £65 GBP. I do not know when it was changed nor have I had any correspondence from the council and it has been almost 4 weeks since I got the confirmation from the court that I uploaded in my previous post.

What do I need to do now? Still just wait?

Hi @cp8759 & @Incandescent,

I hope you are both well.

I have submitted my PE3 form as 13 days ago on Tue 29 Apr, 21:59, and got an auto response/acknowledgment e-mail.

Now I got the below letter from the court.

Postimage servers are down so I uploaded this the letter here as an attachment.

Is this also just an acknowledgment. It just says that the statutory declaration has been filled and (not cancelled) and to get in touch with the council.

What do I need to do now?

[ Guests cannot view attachments ]

Hi @cp8759 & @Incandescent,

3 courts later and I managed to get this witness signed, please see the picture below.



I have also drafted an email to tec@justice.gov.uk below, please let me know if this needs any amendments. I wasn’t sure if I should add My appeal as pdf to the below e-mail?


_________________________________________________________________________________________________________________

TO: tec@justice.gov.uk
CC: MYEMAIL@gmail.com
Subject: PN76007402 - Completed and Witnessed PE3 Form

Dear Sirs,

Please find attached my completed and witnessed PE3 form for your attention.

PCN number: PN76007402
Vehicle Registration Mark: HK67XBM
Applicant: London Borough of Newham
Location of contravention: Royal Albert Way E16 / Gallions Roundabout E16
Date of contravention: 19/10/2024

Kindly confirm receipt of this document at your earliest convenience. Should you require any further information or clarification to process this matter, please do not hesitate to contact me.

Thank you for your assistance.

Yours faithfully,
My Name
My Bristol and London Address

_________________________________________________________________________________________________________________

Also, what is going to happen next? This gets allocated presumably to a court and then I have to go and appeal it? How will I know what to say?

Thank you for your prompt response @cp8759.

I have 1 quick question on the following "If you get an Order for Recovery and a printed PE3 form before you have emailed the sworn PE3 form to TEC, you should fill it in, get it sworn and email it to the tec mailbox as soon as possible."

I do not physically have the copy as this was posted to Bristol and I am in London today.

My 2 questions:
1. Can't I just print one from the internet and have this witness and then submitted? Or does it have to be the one the issued?
2. Do I need to get the justice of the peace to witness the Order for Recovery too?

As soon as I have your confirmation, I will go to the Stratford Magistrates' Court and Family Court and ask for a justice of the peace appointment.