Free Traffic Legal Advice

I'm seeking advice regarding a parking charge notice that has escalated to legal proceedings. In December 2022, I parked my vehicle opposite a train station car park for approximately 15 minutes while waiting to collect someone. I was unaware that parking was prohibited in that location, and had I known, I would have found alternative parking arrangements.
Following this incident, I received multiple correspondence from DCB Legal demanding payment of a £170 parking charge. I believed this amount was disproportionate for such a brief parking duration and consequently did not respond to their letters.
However, I have now received formal legal documentation from Smart Parking LTD in the form of a claim form with an assigned claim number, requiring me to submit a defence within 28 days. This letter was issued on 28/05/2025 and I understand that I have 28 days to respond. I am uncertain about how to proceed and would appreciate hearing from anyone who has experienced a similar situation.
Could anyone advise on the appropriate course of action? I am particularly interested in understanding whether there are grounds for defence and what steps I should take to respond to this legal claim.
Thank you for any guidance you can provide.

If the issue date of the claim form (which you have neglected to show us) was 28th May, you had until 4pm on Monday 16th June to submit your defence. Unless you submitted an Acknowledgement of Service (AoS) by that date, then that was it.

If you did submit an AoS (did you?), then you would have until 4pm on Monday 30th June to submit your defence.

So, have you submitted an AoS? If you have, tell us and I will be able to provide you with the defence that you should send.

Unfortunately, you assumed wrong". Whilst it is highly likely they have already pressed the button to obtain a CCJ in default, you should log into the MCOL and submit the following brief defence, if it will allow you and it does not state that a judgment has already been made:

The Defendant denies the claim. 2. The Particulars of Claim fail to comply with CPR 16.4 and do not adequately disclose a cause of action. 3. They are vague, incoherent, and lack the necessary detail to enable a meaningful response. 4. The PoC do not specify the alleged contractual breach, the location, time, or duration of the incident. 5. They do not explain how the sum claimed has been calculated or what it comprises. 6. No contract is attached, no terms are quoted. 7. It is unclear whether the Defendant is pursued as the driver or the registered keeper. 8. The Claimant has not set out the legal basis for the claim with sufficient clarity or precision. 9. The Defendant is therefore unable to plead effectively and is placed at a disadvantage. 10. The claim discloses no reasonable grounds and should be struck out pursuant to CPR 3.4(2)(a) and/or summary judgment granted under CPR 24.2 as the claim has no real prospect of success and there is no other compelling reason for it to proceed.

this is just within the 1080 character limit imposed by this system. If it lets you submit it, then go and buy a lottery ticket.

The following errors have occurred:

Claim number or password is incorrect.

It won't allow me to log in using the details that they have given.

I have tried this numerous time, however, it continues to state incorrect password.
I have created a government gateway account but it's not bringing up any details at all.
Any idea why this may be the case?

Reply #4 from b789 sets out what you need to do, given the urgency in this case:

Unfortunately, you assumed wrong". Whilst it is highly likely they have already pressed the button to obtain a CCJ in default, you should log into the MCOL and submit the following brief defence, if it will allow you and it does not state that a judgment has already been made:

Quote

The Defendant denies the claim. 2. The Particulars of Claim fail to comply with CPR 16.4 and do not adequately disclose a cause of action. 3. They are vague, incoherent, and lack the necessary detail to enable a meaningful response. 4. The PoC do not specify the alleged contractual breach, the location, time, or duration of the incident. 5. They do not explain how the sum claimed has been calculated or what it comprises. 6. No contract is attached, no terms are quoted. 7. It is unclear whether the Defendant is pursued as the driver or the registered keeper. 8. The Claimant has not set out the legal basis for the claim with sufficient clarity or precision. 9. The Defendant is therefore unable to plead effectively and is placed at a disadvantage. 10. The claim discloses no reasonable grounds and should be struck out pursuant to CPR 3.4(2)(a) and/or summary judgment granted under CPR 24.2 as the claim has no real prospect of success and there is no other compelling reason for it to proceed.

this is just within the 1080 character limit imposed by this system. If it lets you submit it, then go and buy a lottery ticket.

Go buy a lottery ticket. You've dodged a CCJ in default.

Here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of Smart Parking Ltd v [your full name] Claim no.: [claim number]."

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

Smart Parking 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 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.

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 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 attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) 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.

5. 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 for the Claimant’s failure to comply with CPR 16.4.

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:

Draft Order for the defence

Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Here are the answers to some of the less obvious questions:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.

If you had searched the forum for “N180”, as I did, you would have easily found this advice.