Free Traffic Legal Advice

First, respond to the BPA fob-off with the following:

Quote

Subject: Re: Euro Car Parks – Formal Complaint – PCN [insert reference]

FAO: AOS Investigations Team

Dear Sir/Madam,

Thank you for your response. I must respectfully point out serious flaws in your reasoning and conclusions.

This matter is now the subject of formal legal proceedings in the County Court. Nevertheless, your dismissal of the concerns raised reveals a fundamental misunderstanding of both the Protection of Freedoms Act 2012 (PoFA) and the Private Parking Single Code of Practice (Version 1.1, 17 February 2025) to which all BPA members are bound.

1. Your refusal to investigate fails to address the core complaint
You state that since I “have received a copy of the Notice to Hirer”, you will not investigate further. This fails to acknowledge the specific complaint:

• that the original Notice to Hirer was never served, and that no appeal opportunity was offered.

The issue is not whether the document exists but whether it was lawfully served within the time and manner required by Schedule 4 Paragraph 14 of PoFA. The operator has produced no proof of service compliant with the Interpretation Act 1978, such as a certificate of posting or equivalent evidence.

2. You misrepresent the purpose of the Code
You assert that your remit excludes assessing whether the operator is “acting unlawfully”. That is not the complaint made. The complaint is that:

• The operator pursued liability without properly serving a Notice to Hirer;
• The operator denied access to the appeals process;
• The operator escalated the charge to a debt collector without resolving a valid complaint.

These actions amount to direct breaches of the Private Parking Single Code of Practice v1.1, in particular:

• Clause 8.4.1 (c) – requires operators to consider appeals received outside the normal 28-day period where exceptional circumstances exist (such as a missing NtH).
• Clause 8.4.9 – requires that when rejecting an appeal, the operator must give the option to appeal to the relevant Independent Appeals Service and must suspend enforcement or debt recovery until that appeal is determined.
• Clause 11.2 – requires any complaint that includes or may include an appeal to be treated as such until it is clear otherwise, and to be handled fairly and transparently.

The operator has disregarded all three of these mandatory requirements.

3. BPA’s failure to investigate supports abuse of process
Your refusal to investigate may now be relied upon by the Claimant as supposed evidence that the operator acted “reasonably” or “in accordance with the Code”, which is demonstrably false. This undermines the BPA’s stated role as an impartial regulatory body and facilitates misuse of DVLA keeper data contrary to the KADOE contract obligations referenced in Section 3 of the Code.

4. Next steps
I request that the BPA:

1. Reconsider the complaint based on whether the Notice to Hirer was served, not merely issued;
2. Confirm whether Euro Car Parks was compliant with the Code when denying access to the independent appeals process; and
3. Provide a written position that can be disclosed to the court as part of my defence.

If you maintain your refusal to investigate, I will escalate this matter to both:

• The DVLA’s Accredited Trade Association oversight function, and
• The Independent Complaints Assessor (ICA) for failure to discharge your investigatory obligations under the Code.
I look forward to your revised position.

Yours faithfully,

[Your Name]
[Your Address]

Thank you, Actioned

With an issue date of 23rd October, you have until 4pm on Tuesday 18th November to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Tuesday 2nd December to submit your defence.

You only need to submit an AoS if you need extra time to prepare 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

MCOL CPR16.4 only 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 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 PD 16, para 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 materially 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 PD 7C, para 5.2, but chose not to do so.

AND upon the Court determining, having regard to the overriding objective (CPR 1.1), that it would be disproportionate to direct further pleadings or to allot any further share of the Court’s resources to this claim (for example by ordering further particulars of claim and a further defence, with consequent 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 7 days after service of this order, failing which no such application may be made.

Hello, Following submission of the defence on the 7th November, I have since received a letter on 12th December from the Civil National Business Centre titled "Notice of proposed allocation to the small claims track"

It states

"Take notice that

1. This is now a defended claim - A copy of the defence has been sent to you by the defendent

2. It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims directions questionnaire (Form N180) and explain why.

3. You must by 29 December 2025 complete the small claims directions directions questionnaire (Form N180) and file it with the court office"

Is there anything I must do with this? I've received no other correspondence to my defence

Thank you, much appreciated. N180 form filled in and sent the addresses mentioned with myself cc'd.

Search mediation call and you’ll find a brief prepared by b789 which will run you through the process - it’s all a waste of time but you are expected to attend albeit using the brief it will last minutes at most - just another step along the path towards discontinuance.

No.

Search the forum, as previously suggested, but the next step is likely to be a letter of allocation to your local court, including dates by which payment by the claimant has to be made and dates by which supporting documentation such as Witness Statements have to be submitted.

If the payment date is sooner than the documentation date, expect DCB Legal to discontine rather than paying.

Just received the small claims track letter stating the claimant has to pay the court fee by 24 July 2026 or will be struck out. Court date is a month after.

Do I need to do anything? Is there a scenario where this court hearing goes ahead?

Thanks

Please see contents of the letter below:

COURT DOCUMENTS - SMALL CLAIMS TRACK (HEARING)

IMAGE 1: VIDEO HEARING INSTRUCTIONS

If you need an interpreter, or other support to join the hearing explain why (a judge may consider this)

If you cannot join by video and explain why (a judge may consider this)

If you intend to call any witnesses, you need to:

   •   Tell us their preferred email address(es). Not less than 2 days before the hearing, the preferred email address(es) must be provided.
   •   Send them the attached information telling them how to join the hearing
   •   Ensure they are available for the whole of the hearing time, as the exact time they are needed will not be known until the hearing starts

If consideration is needed for anonymity of a witness (that their name is concealed), you need to tell the court so that the judge can decide the way forward

Please include your case number and hearing date when you contact us. Before the hearing you should:

   •   Have access to Google Chrome browser as this is the preferred browser for video hearings. You can find more information about joining court hearings on Gov.uk
   •   Agree how you will communicate confidentially with your legal representative during the hearing (if you have one)
   •   Make sure that you have any documents which you will need for the hearing with you. If they are electronic documents make sure that you have downloaded them, and you are able to access them before the hearing starts. Make sure an electronic bundle is lodged at least 24 hours before the hearing for the Judge. This should be emailed to enquiries.willesden.countycourt@justice.gov.uk

What happens at the hearing?

   •   Not less than 2 days before the hearing, you must provide your preferred email address(es). Once we’ve received your preferred contact details, we will send you an email with a link to access the hearing. Please ensure that you check your junk mail for this invitation.
   •   To join the video hearing copy the link into Google Chrome browser and type in your full name
   •   When you join you will be the waiting area until the hearing starts. If there are any significant delays to the hearing starting, the court will contact you by email.
   •   Please try to be in a private quiet area so that you are not overheard but can hear everything
   •   Remember that all parties will be able to see you on video during the hearing. There are no rules about what you should wear. If you can, please dress smartly. You are not allowed to wear anything on your head unless it is for religious reasons
   •   It is important you are ready to join the video call at the time of the hearing, so that you can take part. If you do not join the call, the hearing may go ahead, and a decision made in your absence
   •   At the end of the hearing you will be told what will happen next and when you can expect a decision

What help is available?

Advice and guidance for all court and tribunal users is available on Gov.uk. You should review this guidance ahead of your allocated hearing date. If, having reviewed the guidance, you then experience any technical difficulties, you can contact our helpline on 0330 8089405. The helpline will not be able to answer any questions about your court hearing and will ask you to ring the court.

IMAGE 2: COURT FEES AND CASE LISTING

Information and leaflets explaining more about how to pay a court fee or how to apply for a help with fees, are available from the court office or online at:

Further information relating to Mediation of small claims are available from the court office or online at:

The trial fee is non refundable. If parties settle before the trial fee is due, the trial fee will not be payable. If a consent order settling the matter is requested after the trial fee has been paid, the consent order fee will still be payable.

The trial fee should be payable to the Court by a cheque, postal order (please note that the Court does not accept Third-Party Cheques) or by calling the Court on 0208 963 8212 between the hours of 10am-3pm to make a payment with a credit or debit card. If you are a solicitor, you can provide your PBA fee account in writing with clear instructions for the Court to debit the appropriate fee.

Should you be eligible for Help with Fees, please visit . You will need to complete your completed application forms, a signed Statement of Truth together with a completed Free Remission (EX160) form. Please note that eligibility for help with fees is determined by Department for Work and Pensions (DWP) website and not a decision made by the Court.

Please note, unless you apply for help with fees, there will be no further correspondence from the court office regarding payment of the fee or warnings as to the consequences of non payment.

Date 15 June 2026

Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delays are unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. The hearing may be removed from the list so Judge is available to hear it.

Your case has been listed at the same time as several other cases, but you are required to attend Court at the time given in your notice, or attend if you need to speak to your legal representative. When you arrive at Court you should report to an Usher who will tell you if the other party are in attendance. You may wish to consult with them before going into Court to attempt to clarify/resolve any outstanding issues.

The Judge will decide the order in which cases are called based on who is in attendance, the time estimate and other factors. Please ensure that the Usher is aware of your whereabouts at all times. If you are not in the court at the required time and your case is called it may be heard in your absence.

If your case does settle prior to the hearing date, please notify the court in writing.

Any bundle filed at Court, must be filed not more than seven nor less than three clear days before the hearing. Any such bundle must be indexed and paginated and comply with the requirements of Rule 39.5 Civil Procedure Rules. Any bundles received more than 7 days before the hearing will be disposed of and a new bundle will need to be filed within the timeframe directed. The parties must endeavour to agree the contents of the bundle before it is filed. The bundle will include a case summary and a chronology. Even where the hearing is to be heard remotely, the Claimant should send to the Court a hard copy indexed and paginated bundle. Failure to lodge a bundle in accordance with this direction may result in the hearing being removed from the list.

Please find instructions below for CVP.

What you need to do now

IMAGE 3: DIRECTIONS FOR THE CLAIM

From the available papers, it is estimated that the hearing will take one hour. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately.

   4.   The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled.
   5.   The following paragraphs set out the Judge’s directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.

The following Directions apply to this Claim:

   6.   Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.
   7.   The original documents must be brought to the hearing.
   8.   The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.
   9.   The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves).
   10.   Witness statements must:
a) Start with the name of the case and the claim number;
b) State the full name and address of the witness;
c) Set out the witness’s evidence clearly in numbered paragraphs on numbered pages;
d) End with this paragraph: ‘I believe that the facts stated in this witness statement are true.’ (or words to that effect); and
e) be signed by the witness and dated.
   11.   If a witness is unable to read the statement in the form produced to the court, the statement must include a certificate that it has been read or interpreted to the witness by a suitably qualified person. If a witness who has made a statement is to give evidence or be cross-examined and is unable to do so in spoken English (or Welsh if the hearing is in Wales), the party relying on that witness must ensure that a suitably independent interpreter is available.
   12.   The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above.
   13.   Neither party may rely at the hearing on any report from an expert unless permission has been granted by this Order and seek permission, giving an explanation why the assistance of an expert is necessary.
   14.   Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court within seven days of service of this Order.

If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim

If, following strike out of the claim the claimant or defendant wishes to start fresh proceedings a new claim must be filed together with the appropriate fee or application for help with fees.

IMAGE 4: NOTICE OF ALLOCATION TO SMALL CLAIMS TRACK

Notice of Allocation to the Small Claims Track (Hearing)

In the County Court at Willesden

Claim Number   [REDACTED]
Date   29 June 2026

[CLAIMANT - REDACTED] | 1st Claimant Ref [REDACTED]
[DEFENDANT - REDACTED] | 1st Defendant Ref

District Judge [REDACTED] has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track.

Unless the claimant does by 4.00pm on the 24 July 2026 pay to the court the trial fee of £27.00 or file a properly completed application (see one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 24 July 2026 without further order and, unless the defendant has not incurred, you will also be liable for the costs which the defendant has incurred.

The hearing of the claim will take place at 2:00 PM on the 24 August 2026 by remote hearing - CVP and should take no longer than 1 hour.

Your hearing will take place by video call using Cloud Video Platform (CVP). You should not attend the court or tribunal centre.

(The trial fee is fee 2.1 in the current Civil Fees Order).

Warning: you must comply with the terms imposed upon you by this order; otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal application to the court before any deadline imposed upon you expires.

   1.   This Claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.
   2.   The claim will be heard at on a date and at a time which is set out on a notice attached to this Order. The Court reserves the right to change the place and/or time of the hearing.

Notes

   •   If you cannot, or choose not to, attend the hearing, you must write to the court at least 7 days before the date of the hearing. The district judge will hear the case in your absence, but will take account of your statement of case and any other documents you have filed.
   •   If you do not attend the hearing and do not give notice that you will not attend, the district judge may strike out your claim, defence or counterclaim. If the claimant attends but the defendant does not, the district judge may make a decision based on the evidence of the claimant only.
   •   Leaflets explaining more about what you should do and what happens when your case is allocated to the small claims track are available from the court office or online at and search for leaflet EX306.

The court office at the County Court at Willesden, 9 Acton Lane, Harlesden, London, NW10 8UX. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Tel: 0300 123 5577 Fax: 0870 324 0034. Check if you can issue your claim online. It will save you time and money.

N157 Notice of Allocation to the Small Claims Track (Hearing) | Produced by [STAFF NAME REDACTED]

Key dates retained:

   •   Court date: 24 August 2026 at 2:00 PM
   •   Fee deadline: 24 July 2026 at 4:00 PM
   •   Document lodging deadline: 14 days before hearing