DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 119927--------------------------------------------------
Defending a private parking charge at court
DIR By: Harold
Date: May 28, 2026, 10:44 am
---------------------------------------------------------
Hello,
Hoping someone could help with defence please. The driver
recently applied for the AOS so the driver now has 28 days to
submit defence.
Fine is £275
In 2024, the driver was playing for a football club who uses the
football grounds adjacent to a leisure centre/community centre
to play games and train. When signing on for the club the driver
provided details including vehicle registration to park in the
car park in order to play and train.
Sometime in 2024/25, the driver received a charging notice from
the parking company. The driver let the football club know, they
said they cleared it and nothing was heard since. The driver
currently does not have a record of the original notice.
The driver is living abroad now and recently came to the UK to
collect post. Post included letters dated March, April 2026 from
the legal team. And a May 2026 letter taking the matter to
court. No other letters had been received between the incident
and the letters dated March 2026.
Was hoping someone could help the driver with steps to defend
the decision?
And also how to manage the process as the driver will be living
abroad from June 2026 for a year?
Appreciate this group and any support!
Thanks
#Post#: 119929--------------------------------------------------
Re: Defending a private parking charge at court
DIR By: Dave65
Date: May 28, 2026, 10:58 am
---------------------------------------------------------
If you had been going to live abroad permanently then you could
have given them your address abroad.
However, as you look like you will return to this country it
must be dealt with, otherwise you could see a ccj against you
when you return.
#Post#: 119930--------------------------------------------------
Re: Defending a private parking charge at court
DIR By: Harold
Date: May 28, 2026, 11:02 am
---------------------------------------------------------
Cheers Dave. Yes, not living there permanently. Any other
suggestions for defence template?
#Post#: 119970--------------------------------------------------
Re: Defending a private parking charge at court
DIR By: InterCity125
Date: May 29, 2026, 1:21 am
---------------------------------------------------------
The first step would be post up the Claim form redacting only
personal details.
We can then advise accordingly.
#Post#: 119974--------------------------------------------------
Re: Defending a private parking charge at court
DIR By: Harold
Date: May 29, 2026, 3:27 am
---------------------------------------------------------
Thanks intercity!
Link to image of claim form can be found here:
HTML https://ibb.co/NdJy5gdF
#Post#: 119975--------------------------------------------------
Re: Defending a private parking charge at court
DIR By: jfollows
Date: May 29, 2026, 3:53 am
---------------------------------------------------------
You’ve obscured dates, which we request you don’t do, but you
have 14+5 days from the date of the N1SDT form to file a defence
or Acknowledgement of Service and, if you do the latter, you
have an additional 14 days to file a defence.
You’ve file AoS, so you have the 14+14+5 days for a defence.
If you want to contest the original notice, you can submit a
Subject Access Request to the parking company to obtain it.
There may be technical issues with it, especially if the driver
has not been identified.
You keep referring unwisely to what the driver is going to do.
No, the registered keeper is probably the recipient of the
notice and is going to contest this. They know who the
registered keeper is, but will only know who the driver is if
you tell them. If you tell them that the driver has filed an
AoS, and they know that Fred Smith has filed an AoS, then you
have told them that the driver is Fred Smith.
#Post#: 119976--------------------------------------------------
Re: Defending a private parking charge at court
DIR By: Harold
Date: May 29, 2026, 3:56 am
---------------------------------------------------------
Apologies. The date on the letter is 19th May 2025. I have filed
for the AOS. Would anyone have suggested defences? What I should
be quoting? Or a template to use?
#Post#: 119977--------------------------------------------------
Re: Defending a private parking charge at court
DIR By: jfollows
Date: May 29, 2026, 4:01 am
---------------------------------------------------------
You have until 22 June to file a defence.
Although part of your defence can be the hopeless Particulars of
Claim, you ned to lead with specific points relevant to this
case. Clearly part of this can be that the land owner told you
it would be cancelled, but you may also want to obtain more
information from the parking company as in my previous post.
Recent experience has been that template/boilerplate defences
get thrown out by courts as being too vague and not specific to
the case.
#Post#: 120092--------------------------------------------------
Re: Defending a private parking charge at court
DIR By: Harold
Date: May 30, 2026, 4:02 am
---------------------------------------------------------
Thanks all. Much appreciated.
Why is it an issue if they know who the driver is? They already
know who the registered keeper is…
After defence has been submitted.Is it likely that the case
would go to mediation? And at this point the fee could be
reduced or refusal to pay after negotiations?
#Post#: 120093--------------------------------------------------
Re: Defending a private parking charge at court
DIR By: jfollows
Date: May 30, 2026, 4:13 am
---------------------------------------------------------
The driver enters into a contract by parking.
The parking company does not know who the driver is.
If the parking company complies with the Protections of Freedom
Act 2012, the liability can be transferred to the registered
keeper. If they fail to comply, the registered keeper can not be
liable.
It may not be an issue here, but as a general rule identifying
the driver unnecessarily is a bad idea and can close off the
only defence point.
Mediation is mandatory, and you can offer £0 or agree to a
payment of a lesser amount. You have obscured the name on the
claim form, but if it’s DCB Legal you should know that they
almost always discontinue claims in the face of a defence, but
not at the mediation stage.
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>explains a lot of this
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
is the
relevant part of the legislation
*****************************************************
Page 1 of 1