Free Traffic Legal Advice

Hello Everyone,

I received a PCN back in 2021 and stupidly ignored it thinking nothing would come of it. I've now received a Count Court Claim from Moorside Legal. The original claimant is Parking Control Limited. The location was Collison Avenue, Barnet, EN5 3EP and it was a windshield PCN.

The PCN was received for being 'parked within a restricted area.' Unfortunately I moved houses over a year ago and no longer have any of the paperwork received from either Parking Control Management or Moorside Legal apart from a Letter of Claim received October 2024 and the most recent County Court Claim form. If I am to request a Particulars of Claim, would I request this from Parking Control Limited or Moorside Legal?

I have already completed the Acknowledgement of service and the new deadline is 04/02/2025. Any help on the next steps to prepare for a defence is much appreciated

Link to photos:

https://imgur.com/a/ZE4ZhvZ

This is the defence I advise you to submit. Because the PoC are so woefully inadequate, no valid defence can be formed. It requests that the claim be struck out because of failure to comply with CPR 16.4(1)(a), listing the Chan and Akande appeal transcripts as persuasive argument. In the alternative, should the judge not be persuaded, it asks the court to order the claimant to submit fully detailed Particulars of Claim, which we know from experience that the claimant is unable to fully comply with.

All you need to do is edit your name, the claim number and then sign the defence by typing your full name for the signature. There is nothing to edit in the draft order or the two transcripts. When done, save all the documents in PDF format and attach them to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure that the clim number in in the email subject field and in the body, just put: "Please find attached the defence, transcripts and draft order in the matter of Parking Control Management UK Ltd v [your name] Claim No.: [claim number]"

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

Parking Control Management (UK) 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 disclose any valid cause of action.

Preliminary Matter

2. The Defendant respectfully submits that the Particulars of Claim (PoC) fail to comply with the mandatory requirements of CPR 16.4(1)(a), which states that the PoC must include a concise statement of the facts on which the claimant relies. The PoC are so deficient in particulars that they fail to disclose a cause of action, making it impossible for the Defendant to plead properly.

3. Specifically, the PoC lack:

(a) The specific terms of the alleged contract that were purportedly breached;

(b) The precise signage locations, alleged terms and conditions displayed thereon, or details of how the alleged breach occurred;

(c) Attachment or details of the contract relied upon, contrary to CPR PD 16.7.5;

(d) Particularity as to the alleged breach, including its nature, time, and location;

(e) An explanation of how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) 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. In light of the above, the Defendant respectfully requests that the court strikes out the claim pursuant to CPR 3.4(2) on the basis that:

• The statement of case discloses no reasonable grounds for bringing the claim; and

• The statement of case is an abuse of process.

5. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], which are persuasive appellate decisions. In these cases, claims were struck out due to identical failures to comply with CPR 16.4(1)(a). Transcripts of these decisions are attached to this Defence.

Alternative Submission

6. The Defendant submits that the correct course of action is for the court to strike out the claim due to the Claimant's clear and material failure to comply with CPR 16.4(1)(a). The rules exist to ensure fairness, and the Claimant's non-compliance cannot be excused. The Defendant asserts that "rules are rules," and the Claimant has failed to follow them.

7. However, in the unlikely event that the court does not agree with the persuasive nature of the cited appellate decisions, the Defendant submits the following alternative:

• The court should make an order requiring the Claimant to provide the following further and better particulars:

(a) Set out the specific terms of the alleged contract that were purportedly breached;

(b) Specify the precise signage locations, alleged terms and conditions displayed thereon, or details of how the alleged breach occurred;

(c) Provide attachment or details of the contract relied upon, as required by CPR PD 16.7.5;

(d) Provide particularity as to the alleged breach, including its nature, time, and location;

(e) Explain how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) Clarify 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.

8. Without such particulars, the Defendant is unable to properly respond to the claim, resulting in unfairness and prejudice.

Draft Order

9. A draft order is appended to this defence, which the Defendant requests the court to consider adopting should the claim not be struck out at this stage.

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:

CEL v Chan transcript

CPMS v Akande transcript

Draft Order for the defence

There is no such thing as being sent "a PoC". The PoC are a section of the N1SDT Claim Form that you have shown us in your images. I repeat it here for you:



You are responding to the claim with your defence as instructed. Are you absolutely positive that you submitted an AoS? I ask because of your confusion about terminology and forms.

By submitting an AoS, you are basically extending the time allowed to submit your defence by 14 days. So, you either submit your defence no later than 4pm on Friday 21st January or else you submit (or already submitted) an AoS which then gives you until 4pm on Friday 7th February to submit your defence.

Hello,

I have attached the response I have received. It includes a Directions questionnaire



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Hello,

Thank you for your previous reply. I have now been given an appointment for a telephone mediation session. Could you please advise? Thanks again



Claim number:

Parties: PARKING CONTROL MANAGEMENT UK LIMITED v

Your telephone mediation appointment

Appointment date: 25/02/2025

Appointment time slot: 12:00 to 14:00

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

We record our calls for monitoring and training as it helps improve the service we deliver. If you want to know more about how we handle your personal data, visit

If you want to make a complaint by email, clearly title your message as ‘complaint’ in the subject field. 

This e-mail and any attachments is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail. Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail. This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. Monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents. Delegation Of Authority to Mediate.pdf

Hello,

Thanks for your previous reply. Just to update, I have received a letter from the claimant regarding the PoC. It was sent a few weeks ago but as they don’t have my updated address I’ve only just gotten hold of the letter.

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It was sent a few weeks ago but as they don’t have my updated address I’ve only just gotten hold of the letter.

WTF!!!!! Why don't you just check your credit reference to see if you have any CCJs you don't know about because you have not provided a valid address for service of documents!

I give in! 

You don't just "notify" them. You send a Data Rectification Notice (DRN) in an email to the DPO of each company and instruct them to update their records with your current address for service and to erase your old address. The highlighted words are there for a reason... use them.

Maybe you want to update the address on your V5C too.