Free Traffic Legal Advice

Of course we will assist with the defence and we hand hold throughout the process.

They cannot "apply for a CCJ". They have to issue a claim for debt. There is whole process that they need to go through. Before they can issue a debt claim. They first need to issue a Letter of Claim (LoC) that explains the nature of the claim and it must give you at least 30 days to respond.

You will let us know when they issue an LoC and we will provide a response you can send them. Only after they have sent you an LoC, you have responded with the questions we advise you to ask and after they have provided a suitable response to that, can they then issue an actual N1SDT Claim Form.

Again, we advise on how to respond and provide the necessary defence. You then have a whole process where you are notified of receipt of your defence, a response from the claimant acknowledging receipt of the defence that has been forwarded by the CNBC which is then followed with an N180 Directions Questionnaire which is followed with a mediation phone call which is then followed by allocation to your local county court and then a judge will issue direction with dates and deadlines or may even strike to the claim at that stage. It goes on and on until the claim is either struck out or they discontinue, which is the most likely scenario.

If it ever got as far as a hearing, which is extremely rare, they would still have to be successful to obtain a CCJ and, if you were so unlucky, as long as it was paid within 30 days, there is no record of it. It is completely expunged.

The only way you get a CCJ without knowing about it is if you do not receive the claim and then you would have to apply to have the CCJ set aside under CPR 13.2 or CPR 13.3. That would only happen if you do not have any mechanism in place to receive your post at whichever address the vehicle ir registered at or you advised them to which address you should be served.

They have up to 6 years from the date of the alleged contravention to be able to issue a claim. So, if you do move before then, make sure you update your address with the parking operator.

Nothing we advise on here will make anyone get a CCJ.

A County Court Judgment (CCJ) does not just happen—it follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:

1. Parking Charge Notice (PCN) Issued

• The parking company sends a letter (Notice to Keeper) demanding money.

• This is not a fine—it’s an invoice for an alleged breach of contract.

2. Opportunity to Appeal

• The recipient can appeal to the parking company.

•If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).

• If an appeal is lost or ignored, the parking company demands payment.

3. Debt Collection Letters

• The parking company might send scary letters or pass the case to a debt collector.

• Debt collectors have no power—they just send letters and can be ignored.

• No CCJ happens at this stage.

4. Letter Before Claim (LBC)

• If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).

• This is a warning that they may start a court case.

• The recipient has 30 days to reply before a claim is filed.

• No CCJ happens at this stage.

5. County Court Claim Issued

• If ignored or unpaid, the parking company may file a claim with the County Court.

• The court sends a Claim Form with details of the claim and how to respond.

• The recipient has 14 days to respond (or 28 days if they acknowledge it).

• No CCJ happens at this stage.

6. Court Process

• If the recipient defends the claim, a judge decides if they owe money.

• If the recipient ignores the claim, the parking company wins by default.

• No CCJ happens yet unless the recipient loses and ignores the court.

7. Judgment & Payment

• If the court rules that money is owed, the recipient has 30 days to pay in full.

• If they pay within 30 days, no CCJ goes on their credit file.

• If they don’t pay within 30 days, the CCJ stays on their credit file for 6 years.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.

• The person loses or ignores the case.

• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.

Do you really want them to actually issue an N1SDT Claim Form? They have up to 6 years to issue a claim. They may never issue one. If they don't issue a claim within a few months of issuing an LoC, they should issue a new LoC otherwise they are acting unreasonably and opening themselves up to a costs order for unreasonable behaviour.

Hi @DWMB2 and @b789,

I hope you have been well and are still around as I can see you’ve been last active in Feb 26.

I know it’s been almost 2 years since the initial post but the N1SDT Claim Form has just arrived, please see below a copy.



It appears that Moorside combined both claims into a single claim on their own as no contact has been made from the registered owner of the car side, and they demand £464.44 GBP in total.

As highlighted in the letter “The driver agreed to pay within 28 days but did not”. As far as the registered owner is aware there has been no contact with anyone (other than here on this forum) regarding this case, so this is misleading if not straight up lying.

I’ve just added the claim on moneyclaim.gov.uk and did the Acknowledgment of Service as per the guidance provided: https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Please can you kindly help me out with my defence? Hopefully it won’t go past this stage….

Hi @DWMB2,

Thank you for your prompt response.

Please note that the signage was updated in between the time the alleged contravention happened (early July 2024) and when the initial two PCNs were physically seen ( August 2024). In a space of a couple of weeks the car park management has gotten rid of the old yellow signage (as can be seen on the google maps, albeit illegible) and replace it with new purple ones.

I tried looking for another Chobham posts but these were resolved before this has gotten to this stage.

Here is what I manged to find, will this be enough or is this too generic?

“
DEFENCE


1. The Defendant denies any liability for this claim.

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(7.5);

(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 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;

(d) The PoC do not state exactly how the claim for statutory interest is calculated;

(e) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(f) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.

4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.

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:

”

Also not sure I can include what you’ve posted as they’ve issued the letter on 15.07.2024 for the date of the incident of 01.07.2024, so that’s within the 2 weeks no? Should I add anything to the above defence regarding the change of signage or that they never provided a copy of the said signage? Also, if they were to provide a picture of the current signane, would I be able to challenge this? Like how can they prove..



Any help is greatly appreciated.

Okay I tried to put something together. Please can someone glimps over this before I e-mail this to the court?

DEFENCE
1. Denial of Liability
a)   The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
b)   The Defendant admits being the registered keeper of the vehicle but denies liability for the entirety of the claim.

2. Defective Particulars of Claim
a)   The Particulars of Claim (PoC) fail to comply with CPR 16.4 and Practice Direction 16, lacking sufficient detail to establish a cause of action.
b)   The Defendant is unable to properly plead a full defence due to the following deficiencies:

(a) No contract is attached, contrary to CPR PD 16(7.5);
(b) No specific contractual terms are identified;
(c) No clear details of location, time, or duration of the alleged breach;
(d) No explanation of how the sum claimed has been calculated;
(e) No distinction between the parking charge and additional sums;
(f) The Claimant pleads liability as “driver or keeper,” which is improper.

3. No Keeper Liability (PoFA 2012)
a)   The Claimant has failed to comply with Schedule 4 of the Protection of Freedoms Act 2012.
b)   In particular, the Claimant failed to deliver a compliant Notice to Keeper within the required 14-day period (paragraph 9(4)).
c)   In respect of one alleged contravention, no Notice to Keeper was received at all.
d)   As a result, the Claimant cannot transfer liability from the driver to the Defendant as registered keeper.
e)   The Defendant is under no obligation to identify the driver and has not done so.

4. Failure of Service
a)   The Defendant does not recall receiving any compliant Notice to Keeper within the statutory timeframe.
b)   The Claimant is put to strict proof that:
c)   such notice was issued,
d)   properly served,
e)   and delivered within the required period.
5. No Contract Formed (Signage Issues)
a)   It is denied that any contract was formed between the driver and the Claimant.
b)   The signage at the location was unclear, inconsistent, and inadequate.
c)   The Defendant’s understanding, based on prior signage over several years, was that parking charges only applied during weekday daytime hours.
d)   The driver had used the car park on numerous occasions under this understanding without issue.
e)   Following the alleged events, the signage at the site was replaced, indicating that the previous signage was inadequate or misleading.

The Claimant is put to strict proof of:
1.   the exact signage in place at the time,
2.   its wording,
3.   its visibility and prominence.
4.   In the absence of clear, prominent, and unambiguous signage, no contract can be formed.

6. Inconsistent and Confusing Enforcement
a)   The Defendant has received inconsistent correspondence in relation to two separate alleged contraventions.
b)   One alleged contravention appears not to have been supported by a valid Notice to Keeper.
c)   The volume and inconsistency of correspondence has caused confusion and prejudice.

7. Inflated and Unlawful Charges
a)   The sum claimed has been artificially inflated beyond the original parking charge of sub £2.
b)   Additional sums (including debt recovery fees) are not recoverable and constitute double recovery.
c)   Such practices have been criticised in multiple County Court decisions.

8. Defence Order
The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.

9. Conclusion
The Defendant denies that:
a)   any contract existed,
b)   any breach occurred,
c)   or that any sum is owed.
d)   The claim is without merit and should be struck out or dismissed.


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.