Free Traffic Legal Advice

Hi,


Would really appreciate some help & advice as having ignored all letters from UKPC/DCBL (having done so with a similar Parking Charge Notice in the past which resulted in no consequence) have now got to the stage where I have received a Claim via the Civil National Business Centre.


On 05/05/24 The driver parked in a Permit Holders Only area despite the signage warning so. They were visiting White Spider Climbing on this estate and although there is designated parking for visitors, due to no space being available they parked in an adjacent bay which was for Private Tenant Permit Holders Only. They had only planned to pop in and out but ended up staying for some time and when they returned to the vehicle they saw someone taking photos of the car.


As the Registered Keeper I received a Parking Charge (Notice to Keeper) on 09/05/24 from UKPC and then various reminders from them and DCBL until the latest Claim Form from the Civil National Business Centre. This was dated 02/10/24 so I gather I need to respond by 21/10/24.


I understand the driver was in the wrong and shouldn't have parked there but assumed if I just ignored these threatening letters they would just subside and they would stop bothering after some time as had happened with a similar scenario in the past.


I attach below redacted copies of all correspondence I have received to date along with the location and photos of signs (these are taken from Google/Apple maps as I have not been to the site in person). All images are also viewable here: https://imgur.com/a/pcn-SSEySS4


Any advice on how to proceed (and if I have any way of contesting) would be really appreciated as now they are claiming £260 and this is stressing me every day.


Many thanks!

When was the AoS submitted?

Please get rid of all the images that we don't need to see or know about which are any reminders and anything from DCBL or any other useless debt collector. Also, we do not need to see all the other forms included with the N1SDT claim form. Only the first part with the Particulars of Claim (PoC). Having to scroll through images that are irrelevant and of no consequence is time consuming and a waste of electrons.

With a claim issue date of 2nd October, you have until Monday 21st October to submit your Acknowledgement of Service (AoS). Please have a read and follow the directions in this PDF on how to complete this:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Once you have completed the AoS, let us know and we can provide a defence and draft order.

I can predict the outcome of this if you follow the steps as advised and it will either be struck out eat allocation stage or it sill be discontinued before any hearing. I will place odds of 100:1 that that will be the outcome.

Many thanks b789.

I have updated the original post.

Can I not just copy/paste the defence etc you posted on other threads and send the email as advised? Does it need to differ at all?

Appreciate your help and time and looking forward to getting this off my head & shoulders (not the shampoo)!

One you sent earlier today:

https://www.ftla.uk/private-parking-tickets/ukpc-notice-to-keeper-final-reminder-dcbl-notice-of-debt-recovery/15/

Here is the proposed defence:

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

UK Parking Control Ltd

Claimant

- and -

[Defendant's Full Name]

Defendant

---

DEFENCE

Preliminary Matter - The claim should be struck out

1. Given the lack of particularity in the claimant's Particulars of Claim (PoC), which fail to comply with CPR 16.4, the defendant respectfully requests that the claim be struck out as a preliminary matter. The defendant refers to the attached persuasive appeal case law of Civil Enforcement Ltd v Chan (2023) [E7GM9W44] and CPMS v Akande (2024) [K0DP5J30], where similarly inadequate PoC resulted in the claims being struck out for failure to meet the strict requirements of CPR 16.4. The defendant submits that the same should apply in this case.

2. Alternatively, the defendant requests that the claimant be ordered to serve fully particularised particulars of claim, and that if they fail to do so within a specified timeframe, the claim be struck out.

3. The Defendant denies any liability for this claim.

4. 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.

5. 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 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 exactly how the claim for statutory interest is calculated;

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

(g) 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.

6. 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:

Draft Order
CEL v Chan transcript
CPMS v Akande transcript

They are all sent as PDF attachments to claimresponses.cnbc@justice.gov.uk and you CC in yourself. The claim number must be in the email subject line and in the body of the email state Attached please find the defence, draft order and two associated transcripts in the matter of UK Parking Control Ltd v [your full name] Claim no: [claim number].

As long as it is submitted before the deadline I showed you, it doesn't really matter.

Your MCOL history will be updated in a few days and should show your AoS and Defence received. You should then receive a letter from the CNBC telling you that a copy of your defence has been sent to the claimant. The claimant should then send you a letter confirming receipt of your defence and that they intend to proceed.

the next thing that you will have to action is sending your N180 DQ. Keep checking your MCOL history and as soon as it says that a DQ has been sent to you, you can fire yours off to dq.cnbc@justice.gov.uk and to info@dcblegal.co.uk. Just download one now from the internet and complete it ready to be sent. Don't send it before your MCOL says yours has been sent.

What about any order for the claimant to pay the trial fee by any deadline? Was there nothing else with this order?

As you are both under the same deadline by this dumb deputy district judge who has ignored the draft order, you will have to submit a holding Witnesses Statement. DO NOT submit anything until 3pm on Wednesday 4th June.

IN THE COUNTY COURT KINGSTON-UPON-THAMES

Claim No: [Claim Number]

BETWEEN:

UK Parking Control Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant

---

WITNESS STATEMENT

1. I am the Defendant in this matter and make this witness statement in compliance with the court’s directions dated 7 May 2025. I confirm that I am the person referred to in the claim form and that the facts set out in this statement are true to the best of my knowledge and belief.

2. I respectfully ask the court to consider as a preliminary matter whether the claim should be struck out due to the claimant’s failure to comply with CPR 16.4(1)(a). The particulars of claim pleaded no cause of action, are vague and lack essential information. They do not enable me to understand the case against me or respond to it meaningfully.

3. I enclosed with my defence copies of two persuasive appeal case transcripts—Civil Enforcement Ltd v Chan (2023) and CPMS v Akande (2024)—in which similarly vague pleadings were struck out. Despite this, the court has allocated the matter to the small claims track and set a hearing date without first requiring the claimant to remedy their defective pleadings or provide me with an opportunity to submit an amended defence.

4. I have included in the evidence bundle copies of two persuasive County Court appeal judgments which support my position that the claim should be struck out. These are Civil Enforcement Ltd v Chan (2023) [E7GM9W44] at XX-01, and CPMS v Akande (2024) [K0DP5J30] at XX-02. In both cases, the courts struck out similar claims for failure to comply with CPR 16.4(1)(a). I rely on these transcripts as persuasive authority in support of my request for the court to deal with this issue as a preliminary matter.

5. In my defence, I highlighted that the particulars of claim do not state the date, time, duration, or location of the alleged parking event. They do not explain the terms or signage said to have been breached. They do not state whether the claim is brought against me as the driver or the keeper. They do not specify the legal basis of the claim or whether it is a contractual, statutory, or tortious claim. They also fail to quantify the amounts claimed, what, if any are the principal and what, if any are damages or show how or when interest is calculated from.

6. As it stands, I am unable to provide a substantive witness statement because I do not know the case I am required to answer. I have no idea what facts are disputed, what evidence the claimant relies upon, or how the claimant intends to prove liability.

7. I am filing this statement solely to comply with the court’s order. I respectfully submit that no reasonable defendant could be expected to provide a substantive account of events or legal arguments without first understanding the factual and legal basis of the claim.

8. If the court declines to strike out the claim or to make an order requiring the claimant to file proper particulars, I reserve the right to submit a supplemental witness statement if the claimant later provides evidence or further information that reveals the substance of their case.

Statement of truth

I believe that the facts stated in this Witness Statement 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:

Replace the "XX" in the evidence reference with your initials.

Then you need to add both the transcripts that I provided with the defence as follows:

EVIDENCE BUNDLE – INDEX

Exhibit Ref	Document Description	Page No.
XX-01	Judgment transcript: Civil Enforcement Ltd v Chan (2023) [E7GM9W44]	1
XX-02	Judgment transcript: CPMS v Akande (2024) [K0DP5J30]	[next]

(Replace [next] with the actual page number based on the length of the Chan transcript.)

Each transcript then should have the following cover sheet:

IN THE COUNTY COURT KINGSTON-UPON-THAMES

Claim No: [Claim Number]

BETWEEN:

UK Parking Control Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant

---

EXHIBIT XX-01

This exhibit is referred to in paragraph 3 of my witness statement.

It is a copy of the judgment transcript in Civil Enforcement Ltd v Chan (2023) [E7GM9W44].

And...

IN THE COUNTY COURT KINGSTON-UPON-THAMES

Claim No: [Claim Number]

BETWEEN:

UK Parking Control Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant

---

EXHIBIT XX-02

This exhibit is referred to in paragraph 3 of my witness statement.

It is a copy of the judgment transcript in CPMS v Akande (2024) [K0DP5J30].

When it all ready, combine all the PDF files into a single PDF document. You can use a free online tool such as to do that for you.

The file is then submitted as an attachment by email to Enquiries.kingston.countycourt@justice.gov.uk and you CC info@dcblegal.co.uk and yourself. The email subject field MUST contain the claim number and just put something in the body of the email referring to the attached Witness Statement for the defendant in this case.

Remember to only submit this at the last possible moment on Wednesday 4th June before 4pm.