3. Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
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Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
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I parked in the Flamborough Head car park and the machine wasn't working. I have photo and video of the machine not working.

As the whole area is double yellow lines to make you park in the car park, there was nowhere else to park I just left the car in the car park, content that I'd tried to pay.

I received the Parking ticket shortly after and appealed through POPLA which was unsuccessful as POPLA said I'd entered into a contract to pay and if I couldn't pay - I shouldn't have parked there. I've always maintained that I'm happy to pay the parking fee of a few pounds.

Since then I've ignored their letters as I'd actually quite like my day in court as its always been my belief that they've made more money in fines from the faulty machine than they would've done through parking payments. I find this totally unfair practice. 

I have now received a letter from HM Courts and Tribunals Service and looking for advice. Am I bang to rights? Or can/should I fight this? I have attached the Claim Form.

Any advice appreciated.
Phil

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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #1 on: »
With an issue date of 23rd June, you have until 4pm on Monday 14th July to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 28th July 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

Otherwise, here is the defence and link to the draft order that goes with it. 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 Britannia Parking Group Ltd v [your full name] Claim no.: [claim number]."

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

Britannia Parking Group 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
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #2 on: »
Given the ongoing issues with emailed defences outlined here - HMCTS - Ongoing Issues with Email Submissions - it may be sensible to do an AoS for now, and we can look at submitting an MCOL defence.
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #3 on: »
Fantastic replies - I cannot thank you enough.

I have submitted an Acknowledgement of Service (AoS) through the MCOL service.

My next step - Am I to follow the advice of b789 and send the email or use the MCOL service? What would you do?

If I'm using the MCOL service - am I to dispute the whole claim, or admit part of the claim - after all, I did park there would normally have paid £3 to park all day, had the machine been working. I have no issue paying the £3, but happy to follow advice.

Thanks,
Phil.
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #4 on: »
You dispute the whole claim. Just submit the defence as advised by email.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #5 on: »
Email sent. Thanks for the help so far, I will keep you posted. I have received the following automatic reply :

"Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days

When sending us documents please ensure you comply with the Practice Direction 5B

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b

Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size."


Thanks,
Phil.
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #6 on: »
Just to keep this thread updated, I have received the following letter - attached. I assume this is normal?

Thanks and regards,
Phil.

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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #7 on: »
Hello,

I've received the following communication and document and I'm looking for advice.......



Good Afternoon
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.
In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.



I am still happy to pay the parking fee that I would've paid had the parking machine been working. But I will follow advice.

Thanks,
Phil.
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #8 on: »
You are now in the middle of a claim. That letter is standard boilerplate stuff. Ignore it. If it contained a copy of the claimants N180 Directions Questionnaire (DQ) then follow this advice:

Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Here are the answers to some of the less obvious questions:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #9 on: »
Thank you once again for the advice.

I received a Notice of Proposed Allocation to the Small Claims Track letter, with blank N180 attaached.

I have followed your instructions. Email sent 9/9/25 with deadline of 18/9/25 detailed in the letter.

Thank you,
Phil.
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #10 on: »
Hello,

To update this thread I sent my completed N180 and have now received the following email regarding a mediation phone call later in October.

As usual, any and all advice appreciated.

Thanks,
Phil.



Your telephone mediation appointment
Appointment date: ??/??/2025
Appointment time slot: 09:30 to 12:30
Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.
The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.
Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.

Preparing for your appointment
You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.
The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.
Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.
If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.

Rebooking your appointment
If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.

Nominating a different representative
If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team
If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.
Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.

What happens in your mediation appointment?
Introduction from the mediator
The mediator will introduce themselves and check that you have read and understood the mediation process.
Explaining your position
You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.
Negotiating options 
You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement.
Building agreement
Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution.
Reaching a settlement
The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.

Confidentiality
All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.

Ending the mediation process
The mediator can end the mediation if, at any time:
•   either party breaches the terms on which they agreed to mediation
•   there is no prospect that the mediation will end in settlement
•   the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
•   either party asks to end mediation

Find out more about Small Claims Mediation by watching our video HERE. Find out more in the guide to the Small Claims Mediation Service on GOV.UK.

Small Claims Mediation Service contact details
If you have any complaints or issues to raise about the Mediation Service, contact us by email or telephone:
Email:  scmreferrals@justice.gov.uk
Telephone: 0300 123 4593
Monday to Friday, 9am to 5pm
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #11 on: »
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.”

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.
« Last Edit: September 28, 2025, 02:18:41 pm by b789 »
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #12 on: »
Hello,

I have had my mediation session.

They refused to give their full name but after consulting with a senior, gave a first name of "Justice" whose role is "Litigation support". They confirmed that they do have full jurisdiction to settle on behalf of their client.

I followed your brief to the effect that they had identified themselves and authority was confirmed.

They offered a settlement figure of £240 to which I reiterated my stance of £0.

The mediator then told me the case may well proceed as no settlement had been reached and then informed me that if I lose, I'll get a CCJ and the call was wrapped up.

I'm curious as to what is next.

Thanks,
Phil.
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #13 on: »
If you lose and a CCJ is ordered, as long as it is paid in full within 30 days of judgment, it is completely expunged from the record. The mediator is a feckwiot and should not be offering their "advice". They are not legally trained and if it were me, I would lodge a formal complaint about the mediator.

Now you wait for the claim to be transferred to your local county court.

As ll the images of the claim have been removed, I have absolutely no idea who is acting for the claimant. Please tell us who or post the missing documents please.
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Re: Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow
« Reply #14 on: »
Its Britannia Parking Group Ltd through DCB Legal Ltd.

Link to form here - https://ibb.co/Y48BW2WY

Kind Regards,
Phil.

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  3. Britannia Parking Group Ltd - Failure to make valid payment - Flamborough North Landing Beach Main and Overflow