hi,
can someone please help me with a case I am dealing with.
its with the national parking management which I did not pay the PCN they charged me for and then they sent a letter from Gladstone solicitors to pay up with additional costs and now I have recieved a letter from hm tribunal court services which they are stating to pay otherwise a ccs will be put up against me.
do I fill in the form they have sent?
what are the actions I'm meant to do as I have never been in this situation
any help will be much appreciated.
pics attached:
Image IMG 1121 hosted on ImgBB
Image IMG 1123 hosted on ImgBB
Image IMG 1125 hosted on ImgBB
regards
yan
What is the date of the claim?
Most likely if you defend it (defence will be provided here) they will discontinue before they have to pay the fee.
hi,
the date of the claim of the PCN was 17/02/2025 and the date of the letter from hm courts and tribunal services was 23/12/2025
please could you advise on hot to defend this
regards,
yasin
This appears to be a second thread which relates to the same PCN / County Court claim??
Ignore - my bad - looks like an identical claim to one that was posted yesterday.
Looks like a fly-trap site which can be defended without too much trouble.
Can you post a picture of the original PCN?
Hi,
I can't seem to find the first copy of the PCN, sorry would that be an issue?
regards,
yan
The first thing to check is whether the PCN is PoFA compliant - if it isn't then there cannot be any keeper liability.
Do you know what the alleged 'period of parking' was? Less than 5 mins?
The particulars of claim are clearly insufficient so you should be provided with a response which you can respond with.
Initially they will be hoping that you don't respond so they can claim a default judgement. Once you respond, they'll immediately know that their chances of success drop to almost zero percent.
hi,
thanks for replying.
what is PoFA compliant? and yes I was there for less than 5 mins (approx 3 mins)
regards
yan
hi all,
below is a defence as suggested by our senior members can I respond as counter claim and copy and paste all and send it to them?
do I send all the defence below or just the 5 points?
do I add in the draft order and order to the defence claim?
please could you advise
regards
yan
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(1)(a).
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 similar claims of their own initiative for failure to adequately comply with CPR 16.4(1)(a), particularly where the Particulars of Claim failed to specify the contractual terms relied upon or explain the alleged breach with sufficient clarity. The Defendant refers specifically to the persuasive appellate cases:
- Civil Enforcement Ltd v Chan (2023), Luton County Court, HHJ Murch, ref: E7GM9W44
- CPMS Ltd v Akande (2024), Manchester County Court, HHJ Evans, ref: K0DP5J30
In both cases, the claim was struck out due to materially similar failures to comply with CPR 16.4(1)(a).
5. The Defendant invites the Court to strike out this claim of its own initiative. The Defendant relies on the judicial reasoning set out in Chan and Akande, as well as other County Court cases involving identical failures to adequately comply with CPR 16.4. In those cases, 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. 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 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 (or contracts) 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.
hi intercity125,
can you suggest on how in could defend my case?
I have up until 11 January 2026
regards
yan
can I respond as counter claim
You generally won't be submitting a counterclaim, you're just submitting a defence to their claim against you.
hi,
very much appreciate the reply.
shall I just send all including draft and draft order as the defence? or just the 5 points
regards
yan
hi
can someone please advise me if I can use the above statement as my defence?
regards
yan
Yes, just submit as per b789's guidance in the linked thread.
ImgBB 
Agree x 1
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