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#Post#: 119780--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: May 26, 2026, 2:06 pm
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IN THE COUNTY COURT
CLAIM NUMBER ..
BETWEEN,,, claimant and defendant
DEFENCE
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.
The notice to keeper does not comply with schedule 4 of the
protection of freedoms act 2012
1,notice which is to be relied on as a notice to keeper for the
purposes of paragraph 6(1)(b) is given in accordance with this
paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked
and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking
charges in respect of the specified period of parking and that
the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the
end of that period, the circumstances in which the requirement
to pay them arose (including the means by which the requirement
was brought to the attention of drivers) and the other facts
that made them payable;
(d)specify the total amount of those parking charges that are
unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the
notice is either sent by post or, as the case may be, handed to
or left at a current address for service for the keeper (see
sub-paragraph (4));
(e)state that the creditor does not know both the name of the
driver and a current address for service for the driver and
invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify
the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, after the period of 28 days
beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a
current address for service for the driver,
the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so
much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment
and the arrangements for the resolution of disputes or
complaints that are available;
(h)identify the creditor and specify how and to whom payment or
notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is
sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking
specified under sub-paragraph (2)(a) (but this does not prevent
the giving of separate notices which each specify different
parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address
for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the
keeper so that it is delivered to that address within the
relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is
the period of 14 days beginning with the day after that on which
the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary
is proved, to have been delivered (and so “given” for the
purposes of sub-paragraph (4)) on the second working day after
the day on which it is posted; and for this purpose “working
day” means any day other than a Saturday, Sunday or a public
holiday in England and Wales.
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, ME
Date, today
Would this be ok for a defence ??
Also can I email this to claimresponse.cnbc@justice.gov.uk
As I’ve seen this given on similar cases, include claim number
in subject field
Many thanks
#Post#: 119932--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: May 28, 2026, 11:42 am
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Is it ok to send defence to the following email.
claimresponse.cnbc[member=6517]justice[/member].gov.uk
Is the defence any good ? Thanks for any help advice
#Post#: 119954--------------------------------------------------
Re: Claim form from courts
DIR By: DWMB2
Date: May 28, 2026, 2:37 pm
---------------------------------------------------------
I would recommend submitting your defence online using the MCOL
platform, but I think the defence needs some work.
Currently, you state that the notice with which you were issued
does not comply with the requirements of Schedule 4 of the
Protection of Freedoms Act, then quote said act at length, but
you do not state which part(s) of PoFA you believe it does not
comply with, nor do you explain why that means that you as the
registered keeper do not owe the sum claimed.
You can elaborate when you get to the Witness Statement stage,
but I'd say a bit more now too - don't make the judge do the
work for you. State how the parking company have not complied,
and why this means that you are not liable.
Make sure you've responded to every allegation made in the
particulars of claim.
#Post#: 119960--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: May 28, 2026, 3:15 pm
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> I would recommend submitting your defence online using the
MCOL platform, but I think the defence needs some work.
>
> Currently, you state that the notice with which you were
issued does not comply with the requirements of Schedule 4 of
the Protection of Freedoms Act, then quote said act at length,
but you do not state which part(s) of PoFA you believe it does
not comply with, nor do you explain why that means that you as
the registered keeper do not owe the sum claimed.
>
> You can elaborate when you get to the Witness Statement stage,
but I'd say a bit more now too - don't make the judge do the
work for you. State how the parking company have not complied,
and why this means that you are not liable.
>
> Make sure you've responded to every allegation made in the
particulars of claim.
>
--- End Quote ---
IN THE COUNTY COURT
CLAIM NUMBER ..
BETWEEN,,, claimant and defendant
DEFENCE
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.
The notice to keeper does not comply with schedule 4 of the
protection of freedoms act 2012,I am not liable through the
grounds of smart parking did not comply with the legislation to
transfer liability to me the registered keeper within the 14 day
time frame.
Alleged contravention 4/9/22
Date sent 22/9/22
Date delivered 26/9/22
Which is beyond the required 14 days
1,notice which is to be relied on as a notice to keeper for the
purposes of paragraph 6(1)(b) is given in accordance with this
paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked
and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking
charges in respect of the specified period of parking and that
the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the
end of that period, the circumstances in which the requirement
to pay them arose (including the means by which the requirement
was brought to the attention of drivers) and the other facts
that made them payable;
(d)specify the total amount of those parking charges that are
unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the
notice is either sent by post or, as the case may be, handed to
or left at a current address for service for the keeper (see
sub-paragraph (4));
(e)state that the creditor does not know both the name of the
driver and a current address for service for the driver and
invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify
the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, after the period of 28 days
beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a
current address for service for the driver,
the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so
much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment
and the arrangements for the resolution of disputes or
complaints that are available;
(h)identify the creditor and specify how and to whom payment or
notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is
sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking
specified under sub-paragraph (2)(a) (but this does not prevent
the giving of separate notices which each specify different
parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address
for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the
keeper so that it is delivered to that address within the
relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is
the period of 14 days beginning with the day after that on which
the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary
is proved, to have been delivered (and so “given” for the
purposes of sub-paragraph (4)) on the second working day after
the day on which it is posted; and for this purpose “working
day” means any day other than a Saturday, Sunday or a public
holiday in England and Wales.
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, ME
Date, today
I’ve added the 14 day rule to this, it’s a learning curve for me
and really appreciate any help and thoughts on it.
#Post#: 119972--------------------------------------------------
Re: Claim form from courts
DIR By: InterCity125
Date: May 29, 2026, 2:01 am
---------------------------------------------------------
You're still over complicating the defence - let's try and make
life easy for the Judge.
1. The Defendant denies the claim in its entirety and no debt is
owed to the Claimant.
2. It is acknowledged that I was the Registered Keeper of the
vehicle at the material time.
3. The Claimant is unable to identify the driver at the material
time and there is no legal obligation for the vehicle keeper to
provide this information to the Claimant and I will not be doing
so under any circumstance.
4. The Claimant appears to be relying on Protection of Freedoms
Act (PoFA) (2012) which allows them to transfer liability from
the unknown driver to the Registered Keeper but ONLY when the
strict requirements of the legislation are met.
5. That, in this instance, the Claimant is unable to meet the
requirements of PoFA as the Claimant's Notice to Keeper (NtK)
was not delivered to the Registered Keeper within the statutory
timeframe of 14 days from the date of the alleged parking event.
6. That the Claimant's issued NtK shows that the alleged parking
event took place on 4th September 2022 but the notice was not
even issued until 22nd September 2022 - this is very obviously
well beyond the 14 day period.
7. That with the Claimant unable to rely on PoFA there is no
legal route to keeper liability in this matter.
#Post#: 120101--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: May 30, 2026, 5:20 am
---------------------------------------------------------
That seems far better and to the point and thank you very much,
I’ve just gone to fill in the relevant forms but it says from
today 9am the service is undergoing maintance…. Many thanks
again
#Post#: 123013--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: June 25, 2026, 4:58 pm
---------------------------------------------------------
Just a update today i received a call from the debt company
chasing the fine, I answered but it was a automated message with
options like press 1 to connect to a operator, press 2 to pay a
fine etc. is it best to ignore these or is it best to talk to
them?????
#Post#: 123021--------------------------------------------------
Re: Claim form from courts
DIR By: jfollows
Date: June 25, 2026, 11:53 pm
---------------------------------------------------------
Never, ever, talk to anyone. Everything in writing. Block the
number.
#Post#: 123086--------------------------------------------------
Re: Claim form from courts
DIR By: Bigmac50
Date: June 26, 2026, 1:57 pm
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> Never, ever, talk to anyone. Everything in writing. Block the
number.
>
--- End Quote ---
That is brilliant news, I guess it may not be the last time they
will try to contact me?
#Post#: 123104--------------------------------------------------
Re: Claim form from courts
DIR By: InterCity125
Date: June 27, 2026, 3:17 am
---------------------------------------------------------
They will try to contact you in order to offer some kind of
'mugs discount' - ie to persuade you that you can get out of the
situation by paying a significantly lesser amount.
As has been advised, do not play their game - you are the one
who is controlling this game at the present time with a defence
which clearly demonstrates that you cannot be liable under any
circumstance.
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