When a claim is made, a defence is submitted in response. After reviewing the defence, the Claimant decides whether to proceed.
If the claim progresses, it is transferred to your local county court, where a case management judge reviews it. The judge will assess whether the Claimant has complied with the Civil Procedure Rules (CPR). If not, the judge may strike out the claim or require the Claimant to submit more detailed Particulars of Claim (PoC).
If everything is in order, the case management judge will set a hearing date and deadlines for both parties to file their Witness Statements (WS), typically 14 days before the hearing, though this can vary. The Claimant must also pay a trial fee (£27) around a month before the hearing date.
The hearing itself can be held in person or remotely via telephone or video link. It is an informal process—not a grand courtroom scene with wigs and gowns. Usually, the hearing takes place in the judge’s chambers, attended only by you, the judge, and the Claimant’s representative. Here’s a short video explaining the process:
https://youtu.be/n93eoaxhzpU?feature=sharedClaimants in these cases often send a "hire-by-the-hour" legal representative who will have received the case "bundle" only the night before, if they're lucky or only an hour or so before if they're not. As a result, they are often unfamiliar with the specifics of the case. The judge will hear both sides, ask questions, and then deliver a decision.
Most of these claims never make it to a hearing. They are often struck out at the allocation stage due to CPR deficiencies in the Claimant’s case, or the Claimant discontinues before having to pay the trial fee. Their hope is that you’ll feel intimidated by the legal process and settle the claim prematurely.
Many people are unaware of how the civil legal process works. They mistakenly believe that being subject to a claim damages their credit record or invites bailiffs to their door. This is not true.
The sums involved in these cases are fixed under the small claims track. Typically, this includes the original PCN amount (£100), a £35 claim application fee, and £50 in fixed legal costs. Claimants often attempt to add a fabricated £70 "debt recovery" or "damages" fee, but most judges disallow this. At worst, if you lose, you would owe around £200.
Even in the rare event that you lose, there is no risk of a County Court Judgment (CCJ) as long as you pay the judgment amount within 28 days. If you do, it is completely expunged and will not appear on your credit record. If unpaid after 28 days, it will remain on your credit file for six years but can still be marked as "satisfied" once paid. However, for CCJs under £600, there is no risk of bailiffs, as pursuing enforcement would cost the Claimant more than they could recover.
Ultimately, very few claims go to a hearing. The vast majority are discontinued.
These claims are worth fighting. Claimants rely on fear and a lack of understanding of the process. These are not criminal matters—they are simple contractual disputes in civil law. Unfortunately, many people conflate civil claims with criminal cases, fearing criminal records or fines. This misconception, likely fostered by a lack of education about the legal system, couldn’t be further from the truth.
As for the final part of your question, the defence serves as the "hook" for your later Witness Statement (WS). The defence must respond to the Particulars of Claim (PoC) submitted by the Claimant, which are, in over 99% of cases, woefully inadequate. This inadequacy makes it easy to highlight their shortcomings and potentially have the claim struck out. The defence and accompanying draft order we provide require the Claimant to submit full and detailed PoC, which they often find nearly impossible to produce. However, even if they manage to comply, you will have the opportunity to submit a revised and comprehensive defence, incorporating additional factors such as unloading, signage, bay markings, lack of payment, and other relevant issues. These will then be further developed and expanded upon in your WS.
Bulk litigators rely on the majority of their victims being ignorant of the law and their rights. They do not want their claims to go to trial before a judge, who will likely see through their failings and abuse of the legal system, often resulting in a metaphorical spanking. Unfortunately, of the 41,000 PCNs issued daily (yes... a day!) by unregulated private parking companies, the vast majority are paid at the so-called "mugs discount" rate. Many others are challenged through appeal processes that are far from independent. Hundreds of thousands of these cases proceed to a claim, but only a small number of defendants—those who seek proper advice from us or the MSE forums—go on to defeat these claims with a well-prepared defence. For those we assist, the success rate is over 99%.
I hope that helps.
