Free Traffic Legal Advice

Hi All,

2 and a half months after I had the mediation call I have received a General Form of Judgement or Order from Kingston County Court.
Do I need to go to court now or what are the next steps?

Tried to attach the images via imgpile, hope the link below works.
https://imgpile.com/p/yZV01Gq

Oh, I am sorry, I did not realised I have to do that.
Is it posting to my original thread an option or need to start a new one altogether?

I thought so, I'll block the number.
Thank you very much!

Hello,
Sorry I have not check the messages lately.
I did speak to a lady eventually and all went ok. She told me that I will receive a letter in a couple of weeks or so.
Regarding the “penalty” term used, I understand what you are trying to say, however, that’s the information I found online, which could be wrong by all means.
“Yes, if you do not attend a mandatory money claim mediation call in the UK, the judge can impose penalties (sanctions). These sanctions are at the court's discretion and can be severe.”

For the mediation call, the only requirement is for you "attend" the call. It is not part of the judicial process and no judge is involved.

This is what I advise you to say when you receive the call from the mediator:

“Before I set out my position, please confirm from the claimant’s side:

• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

Please relay that back to me before we continue.”

After the mediator calls back...

If identified and authority confirmed:

“Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.”

If no/unclear authority:

“Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.”

If the mediator probes your defence:

”In what capacity are you asking that question? Are you legally trained?  If not, please refrain from offering opinions. I will be reporting any attempt to do so as inappropriate.”

All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise.

Hi Guys,

I have received an e-mail notifying me that I will have a mediation call today 02/01/2026 between 13:30-16:30, at the end of November but I have failed to reply to scmreferrals@justice.gov.uk with my tel number and whatever else was required, or at least I forgot if I replied or did not find the e-mail in my sent items. Can I still reply now or I am wasting my time and I am going to get a penalty anyway?

Hi again,
I have received an ackowledgment of defence letter from HM Courts.
They are also stating that a copy of my defence will be sent to the claimant and the claimant may or not contact me to resolve the dispute or the claimant could inform the court that they wish to proceed.
Is there anything that I can or should do at this stage?..
Are there any chances that the claimant will drop this or they usually proceed.

Here's the actual text of the letter:

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay"

Any help is welcome!

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!

Follow thew advice here and you will not be paying a penny to ParkMaven. With an issue date of 16th July, you have until 4pm on Monday 4th August to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 18th August to submit your defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

You only need to do the AoS if you need extra time to file your defence.

Until very recently, we never advised using the MCOL to submit a defence. However, due to recent systemic failures within the CNBC, we feel that it is safer to now submit a short defence using MCOL as it is instantly submitted and entered into the "system". Whilst it will deny the use of some formatting or inclusion of transcripts etc. these can always be included with the Witness Statement (WS) later, if it ever progresses that far.

You will need to copy and paste it into the defence text box on MCOL. It has been checked to make sure that it will fit into the 65 characters per line and 122 lines limit.

Quote

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 adequately 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 submits that courts have previously struck out
similar claims of their own initiative for failure to adequately
comply with CPR 16.4, particularly where the Particulars of
Claim failed to specify the contractual terms relied upon or
explain the alleged breach with sufficient clarity.

5. In comparable cases involving modest sums, judges have found
that requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, strike-out was deemed appropriate. 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
due to the Claimant’s failure to adequately comply with
CPR 16.4, rather than permitting an amendment. The Defendant
proposes that the following Order be made:

Draft Order:

Of the Court's own initiative and upon reading the particulars
of claim and the defence.

AND the court being of the view that the particulars of claim
do not adequately comply with CPR 16.4(1)(a) because:
(a) they do not set out the exact wording of the clause
(or clauses) of the terms and conditions of the contract which
is (or are) relied on; and
(b) they do not adequately set out the reason (or reasons) why
the claimant asserts that the defendant was in breach of
contract.

AND the claimant could have complied with CPR 16.4(1)(a) had it
served separate detailed particulars of claim, as it could have
done pursuant to CPR PD 7C.5.2(2), but chose not to do so.

AND upon the claim being for a very modest sum such that the
court considers it disproportionate and not in accordance with
the overriding objective to allot to this case any further share
of the court's resources by ordering further particulars of
claim and a further defence, each followed by further referrals
to the judge for case management.

ORDER:
1. The claim is struck out.
2. Permission to either party to apply to set aside, vary or
stay this order by application on notice, which must be filed at
this Court not more than 5 days after service of this order,
failing which no such application may be made.

b789 thank you! As I did not manage to log onto MCOL I have sent the AoS via email to aos.cnbc@justice.gov.uk
Eventually managed to log on MCOL once and the message said that a bar has been put in place on the claim and that I cannot respond to the claim at this time. I tried to log in again and I was not able saying that my user or password are wrong (I have 100% used the correct details) - that makes me think that there might be an issue with MCOL.
I have sent the AoS via email to aos.cnbc@justice.gov.uk

Regarding the defence and thank you for posting it, shouldn't I highlight that I never received the first letter from the claimant, and because of that I was not allowed to submit an appeal as the appeal period passed in their view? Also, Parkmaven admitted via e-mail that they do not have a proof of delivery for the letter. Also the 2hrs free parking offered for ASDA customers? I was under the impression that these would be actually be helpful for the defence statement?

Regarding sending the defence statement I was advised by a gov.uk tel support agent to send the defence to claimresponses.cnbc@justice.gov.uk