❓ “But I don’t want court costs to be added.”
At this stage, court costs have not been added. You have the right to request more details about the claim before deciding whether to challenge it. We do not recommend letting a claim proceed to court unless you have a reasonable chance of defending it.
❓ “I’m scared of going to court.”
Court action is still a long way off—unless you ignore this form. The Reply Form allows you to request more information. In many cases, once a creditor is challenged, they may decide not to go to court at all.
❓ “I can’t risk a CCJ!”
This does not mean you should pay the claim immediately. If you ask for more information, the case may never reach court. Even if a claim is issued and you lose, a County Court Judgment (CCJ) won’t affect your credit record as long as you pay it within a month. Don't let fear of a CCJ push you into paying something you don’t legally owe.
3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—
(a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.
6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—
(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and
(c) the parties disclosing key documents relevant to the issues in dispute.
RE: LETTER BEFORE CLAIM - FORMAL RESPONSE AND REQUEST FOR DOCUMENTS
Your Reference: [REFERENCE]
Parking Charge Notice: [PCN NUMBER]
Vehicle Registration: [VRM]
Your Client: [PARKING COMPANY]
Date of Alleged Parking Event: [DATE]
Dear Sirs,
I write in response to your Letter Before Claim dated [DATE].
For the avoidance of doubt, I dispute the alleged debt and liability in full. Nothing in this correspondence should be treated as an admission as to the identity of the driver at the material time.
When your client's debt collection agent first contacted me, I requested proper details of the alleged parking charge, including the evidence said to establish liability and all photographs taken of the vehicle. I was informed by [DEBT COLLECTOR] that this evidence would not be provided until "[INSERT EXACT WORDING IF KNOWN]".
Your client has now escalated the matter to threatened litigation. It is therefore necessary for your client to disclose sufficient information and documentation to enable me to understand the precise factual and legal basis of the proposed claim and make an informed response.
This correspondence constitutes a request for documents and information pursuant to paragraphs 4.1, 5.1 and 5.2 of the Pre-Action Protocol for Debt Claims.
Under paragraph 5.2, where a debtor requests a document or information, the creditor must provide it or explain why it is unavailable within 30 days.
Please therefore provide the following:
Basis of the proposed claim
• Confirm the precise cause of action relied upon.
• Confirm whether your client alleges that the parking charge arose from breach of contract, an agreed contractual charge, trespass, or some other legal basis.
• Identify the precise term or condition that your client alleges was breached.
• Provide a concise explanation of the factual circumstances said to constitute that breach.
• Confirm the exact location, including the particular car park, road, area, bay or section of land relied upon.
• Confirm the alleged period of parking, as distinct from merely recording entry and exit times.
• Confirm whether your client alleges that the vehicle was parked, stopped, waiting or otherwise present in breach of a specified term.
Driver, keeper and POFA liability
• State expressly whether your client pursues me as the alleged driver, the registered keeper, the hirer, or on some other basis.
• If your client alleges that I was the driver, identify the evidence relied upon to establish that allegation.
• If your client seeks to transfer liability from the unidentified driver to the registered keeper, confirm expressly that it relies upon Schedule 4 of the Protection of Freedoms Act 2012.
• If reliance is placed upon Schedule 4 of the Protection of Freedoms Act 2012, identify whether your client relies upon paragraph 8 or paragraph 9, as applicable, and explain how it says each statutory requirement necessary to establish keeper liability was satisfied.
• Confirm whether the location is alleged to constitute "relevant land" for the purposes of Schedule 4 and, if so, the factual basis for that assertion.
Parking Charge Notice and statutory notices
Please provide complete copies, including the front and reverse where applicable, of:
• The original Parking Charge Notice.
• Any Notice to Driver affixed to the vehicle or handed to a person at the scene.
• The complete Notice to Keeper (NTK) relied upon.
• Any Notice to Hirer, where applicable.
• Every reminder, final notice or other parking notice subsequently issued.
• Any correspondence sent by your client concerning the alleged parking event.
• Any appeal submitted and your client's response.
• Any POPLA, IAS or other ADR decision, together with the material submitted to that body by your client.
Evidence of service of the Notice to Keeper and other notices
For every material notice said to have been served, please provide:
• The date on which it was generated.
• The date on which it was posted or otherwise sent.
• The postal address to which it was sent.
• The class and method of postage used.
• Any certificate of posting, postal manifest, mailing record, audit trail or other evidence relied upon to establish posting.
• Where a third-party bulk-mail provider was used, the relevant record showing that the particular notice was included in the mailing batch relied upon.
• Details of any returned mail, address amendment or trace activity.
DVLA keeper enquiry
Please provide:
• The date on which your client requested registered keeper information from the DVLA.
• The reason or event for which the request was made.
• Confirmation of the registration number submitted.
• The date on which the DVLA information was received.
• A copy or record of the relevant electronic DVLA/KADOE enquiry and response, with unrelated personal data redacted where necessary.
All photographic, ANPR and video evidence
Please provide every photograph, image, video recording and ANPR image upon which your client intends to rely, not merely selected images reproduced on a previous notice.
This must include:
• Every photograph of the vehicle taken in connection with the alleged parking event.
• Every image showing the vehicle registration mark.
• All entry and exit ANPR images.
• Any photographs taken by a parking attendant or enforcement officer.
• Any photographs said to show the position of the vehicle.
• Any images said to demonstrate the alleged contravention.
• The date and time information associated with each image.
• Any images showing a windscreen Parking Charge Notice having been attached to the vehicle.
• Any contemporaneous images of the surrounding area or signage taken during the enforcement visit.
Where ANPR evidence is relied upon, please additionally provide:
• The recorded entry time.
• The recorded exit time.
• An explanation of how those two timestamps establish an actual period of parking rather than merely a period between passing the cameras.
• The relevant ANPR event record or audit record upon which your client relies.
• Details of any manual verification undertaken before the Parking Charge Notice was issued.
Signage and contractual terms
Please provide the complete evidence upon which your client relies to establish that a contract was capable of being formed, including:
• The precise wording of every contractual term alleged to have applied.
• Clear photographs of each type of sign in place at the site on the date of the alleged parking event.
• Photographs showing the signage in its actual surroundings and not merely stock or specimen photographs.
• The sign positioned at or nearest the entrance.
• The signs said to have been visible from the location at which the vehicle was allegedly parked.
• The number of signs present.
• Their locations.
• Their approximate mounting heights.
• Their dimensions.
• The prominence and font size of the principal parking charge and the term allegedly breached.
• Whether the signage was illuminated and, if the alleged event occurred during darkness, photographs or other evidence demonstrating its visibility under the lighting conditions applicable at the material time.
• A contemporaneous or otherwise reliable site plan/signage plan identifying where each sign was positioned on the material date.
• The date upon which the relevant signs were installed and details of any material changes made before or after the parking event.
Landowner authority and standing
Please provide the written authority upon which your client relies to demonstrate that it had sufficient standing to operate and enforce parking restrictions on the land on the material date.
This should identify:
• The landowner or lawful occupier granting the authority.
• Your client's legal capacity in relation to the land.
• The land covered by the authority.
• The commencement and expiry dates of the authority.
• Any limitations upon the types of parking charge that may be issued.
• The amount of any authorised parking charge.
• Your client's authority to pursue motorists for payment.
• Your client's authority to commence legal proceedings in its own name.
• The signatures or other evidence demonstrating execution of that authority.
If your client relies upon a chain of authority involving a managing agent or other intermediary, please provide sufficient documentary evidence of the complete chain of authority from the landowner or lawful occupier to your client.
Commercially sensitive financial information which is genuinely irrelevant may of course be redacted, but the parties, land, dates, scope of authority and enforcement/litigation rights must remain visible.
Boundary of the relevant land
Please provide a plan or other documentary evidence clearly defining the boundary of the land on which your client claims contractual parking control.
The plan should identify the relationship between:
• The vehicle's alleged position.
• The entrance and exit.
• The ANPR cameras, if applicable.
• The contractual signs.
• The boundary of the land over which your client says it possessed enforcement authority.
Trade association and applicable Code of Practice
Please confirm:
• Whether your client was a member of the British Parking Association (BPA) or the International Parking Community (IPC) on the date of the alleged event.
• The version of the applicable Code of Practice which your client contends governed its conduct on that date.
• The provisions concerning observation periods, consideration periods, grace periods and signage which your client says applied.
• The observation, consideration and/or grace periods actually allowed in this case.
Payment, permit and machine records where applicable
If the alleged contravention concerns failure to pay, incorrect registration entry, expiry of paid parking, a permit, authorisation or similar matter, please provide the relevant records, including where applicable:
• Payment terminal records for the relevant period.
• Pay-and-display machine records.
• Cashless or mobile payment records.
• Records of attempted payments associated with the relevant registration number or any substantially similar registration entry.
• Records of any minor registration entry or keying error identified.
• Records of machine faults, outages, maintenance or reported problems relevant to the material period.
• Permit records.
• Visitor authorisation records.
• Whitelist or exemption records.
• Any other electronic record checked before the Parking Charge Notice was issued.
Third-party personal information may be appropriately redacted.
Added charges and calculation of the amount demanded
Please provide a complete itemised breakdown showing how the original parking charge has become the amount now demanded.
For every sum added to the original charge, identify:
• The amount.
• The date it was added.
• Its description.
• The contractual provision said to permit it.
• The legal basis upon which your client says it is recoverable from me.
• Whether the sum represents an amount actually incurred or a fixed administrative/debt recovery sum.
• The identity of any third party to whom the sum is said to have become payable.
• The documentary evidence relied upon to establish my alleged liability for that additional sum.
If interest is claimed, state:
• The principal upon which interest is calculated.
• The rate.
• The commencement date.
• The end date.
• The number of days.
• The resulting calculation.
• The legal basis upon which interest is claimed.
Creditor and contractual identity
Please identify:
• The legal entity said to have contracted with the driver.
• The legal entity identified as creditor on the original parking notice.
• The legal entity identified on the signage at the material time.
• The proposed claimant.
If those entities are not identical, explain the legal basis upon which the proposed claimant acquired the right to pursue this alleged liability and provide any assignment or other instrument relied upon.
Planning and advertisement consent
Insofar as your client relies upon the legality and authorised installation of its signage and/or ANPR equipment, please provide details of any relevant:
• Express advertisement consent.
• Deemed advertisement consent relied upon.
• Planning permission or other permission required for camera structures or associated equipment, where applicable.
• Planning application or consent reference numbers relied upon.
For the avoidance of doubt, this request recognises that the regulatory position may differ between signage and camera equipment. Your client should identify the particular consent or exemption upon which it relies rather than simply asserting that "planning permission was not required".
Complete evidential record
Please also provide any other document, photograph, record, witness evidence or contemporaneous material presently in your client's possession which it intends to rely upon to establish:
• The existence of a contract.
• The contractual terms.
• The alleged breach.
• The identity or liability of the defendant.
• Keeper liability.
• The amount claimed.
• Your client's standing to sue.
This is not a request for disproportionate general disclosure. Each category above goes directly to the proposed claim, the identity of the person allegedly liable, the formation and alleged breach of the parking contract, your client's standing, and the calculation of the sum demanded.
PRE-ACTION PROTOCOL
The Pre-Action Protocol for Debt Claims is intended to promote early exchange of information and documents so that the parties can understand their respective positions and determine whether proceedings can be avoided.
Under paragraph 5.1, where any aspect of the debt is disputed, the parties should exchange information and disclose documents sufficient to enable them to understand each other's position.
Under paragraph 5.2, where a debtor requests information or a document, the creditor must within 30 days either:
• provide the document or information; or
• explain why it is unavailable.
Furthermore, under paragraph 4.2, proceedings should not be commenced less than 30 days from the creditor providing the documents requested by the debtor, where that is later than the other applicable Protocol period.
If this matter remains unresolved after compliance with the Protocol, paragraph 8.1 requires the parties to review their respective positions to determine whether proceedings can be avoided or the issues narrowed. Where the debtor has responded but agreement has not been reached, paragraph 8.2 requires the creditor ordinarily to give at least 14 days' notice of its intention to commence proceedings.
Accordingly, please confirm that no proceedings will be issued until your client has complied with the above document request and the applicable Protocol periods have expired.
If your client contends that any requested item does not exist, is unavailable, or will not be supplied, please identify the individual item and provide the reason, rather than responding with a general refusal.
If proceedings are commenced without proper substantive compliance, I reserve the right to place this correspondence before the court and invite the court to consider your client's conduct under paragraphs 7.1 and 7.2 of the Pre-Action Protocol for Debt Claims, paragraphs 13 to 16 of the Practice Direction - Pre-Action Conduct and Protocols, and the court's case-management and costs powers.
In particular, where appropriate I will invite the court to consider whether proceedings should be stayed to permit proper pre-action compliance and whether any other order or sanction arising from non-compliance is appropriate.
This request is made so that I can properly understand your client's case, identify the issues genuinely in dispute and provide a fully informed response before unnecessary proceedings are commenced.
Please provide the requested documents and information electronically where possible.
I look forward to receiving your substantive response within 30 days.
Yours faithfully,
[YOUR NAME]
✅ Send this by email and post (get proof of postage).
✅ Do NOT admit to being the driver – make them prove it.
✅ Wait for their response before deciding the next move.
As soon as you miss a deadline in correspondence, the claimant is entitled to start court proceedings without further notice, and after a long quiet period, PE has recently started issuing proceedings against defendants who have received an LBCCC but failed to follow through with the correspondence.
Subject: Response to Letter Before Claim – Request for Further Information & Alternative Dispute Resolution
Dear Sirs,
Re: UK Parking Control Ltd – Pre-Action Response
References:
[ENTER ALL REFERENCES LISTED IN THEIR LETTER OF CLAIM]
I acknowledge receipt of your Letter Before Claim dated [insert date], received [insert date].
I deny that I owe any debt to your client, UK Parking Control Ltd, and intend to defend any claim in full. I invite you to advise your client to withdraw at this early stage before unnecessary costs are incurred. Any claim brought against me as the registered keeper is baseless, misconceived, and bound to fail.
Having reviewed the signage at the site, I note that it is forbidding in nature. In contract law, a forbidding sign does not form a contractual offer but instead constitutes a prohibition. As a result, no contract was ever formed between your client and the driver, and no breach of contract could have occurred. The ParkingEye Ltd v Beavis [2015] UKSC 67 case, which you may attempt to rely on, is entirely irrelevant to this matter.
Your client has failed to establish liability on my part as registered keeper. The Notice to Keeper (NTK) issued does not comply with the strict requirements of the Protection of Freedoms Act 2012 (POFA 2012) Schedule 4. Since your client has chosen not to use POFA, they have no legal grounds to pursue me as keeper, and any claim will fail.
As stated by Henry Michael Greenslade, Lead Adjudicator of POPLA, in his 2015 Annual Report:
"There is no reasonable presumption in law that the registered keeper of a vehicle is the driver, and operators should never suggest anything of the sort."
Your client, as a British Parking Association (BPA) member, has been provided with this report and is fully aware that they cannot pursue a claim against me as keeper in the absence of POFA compliance.
If your client disputes this, I require them to provide full evidence that they have complied with POFA 2012 Schedule 4 and can hold me liable.
Your client has added arbitrary and unsubstantiated costs beyond the original charge, which is an abuse of process. In ParkingEye Ltd v Beavis [2015], the Supreme Court confirmed that the only recoverable sum was the original parking charge itself.
Further, under POFA 2012 Schedule 4, only the sum stated on the NTK can be recovered from a registered keeper. Any attempt to claim additional charges is a clear breach of POFA and an attempt at double recovery, which is not allowed under the small claims track (CPR 27.14).
Should your client attempt to rely on Chaplair Ltd v Kumari [2015] EWCA Civ 798, I will highlight that this case is irrelevant. That decision concerned contractual lease terms, not fabricated parking charges.
Your client has failed to provide essential documents as required by Paragraph 6 of the Practice Direction - Pre-Action Conduct. I require the following before I can respond further:
1️⃣ The contract (or chain of contracts) between your client and the landowner (not a managing agent) that grants authority to operate parking enforcement.
2️⃣ All photographs taken of my vehicle on the alleged contravention date(s).
3️⃣ A copy of the alleged contract between your client and the driver.
4️⃣ A copy of the signage wording and a dated plan showing where these signs were displayed on the relevant date(s).
5️⃣ A site map defining the boundary of the land purportedly managed by UK Parking Control Ltd.
6️⃣ Proof of valid planning permission for signage and any ANPR cameras, as required under the Town and Country Planning Act 1990.
These documents should have been provided with the Letter Before Claim. Any failure to disclose them is an attempt to frustrate my ability to prepare a defence and is in breach of Paragraph 6 of the Practice Direction. Should your client proceed without compliance, I will request a stay under Paragraph 15(b) and seek court sanctions under:
Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch)
Daejan Investments Ltd v The Park West Club Ltd [2003] EWHC 2872
Charles Church Developments Ltd v Stent Foundations Ltd [2007] EWHC 855
Your letter states that ADR is not suitable. I disagree. POPLA is the designated ADR scheme for BPA members, and I request that your client issues a POPLA appeal code immediately.
Under the EU ADR Directive 2013 and The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, a fair appeals service is required before court proceedings.
To minimise costs, I propose:
A POPLA code be issued for one Parking Charge Notice (PCN).
The remaining PCNs be placed on hold while the appeal is processed.
Refusal to engage in ADR will be brought to the court’s attention as unreasonable conduct under CPR 27.14(2)(g).
Your client has unlawfully accessed my DVLA keeper details and misused my data for purposes beyond that permitted under the Keeper at Date of Event (KADOE) contract. There is no lawful basis for continuing to pursue me when your client has no evidence that I was the driver.
This constitutes a serious breach of the Data Protection Act 2018 and UK GDPR. If your client proceeds despite knowing they have no claim, I will file a counterclaim for damages.
Precedent case law supports damages of £750 per breach, meaning your client may be liable for a counterclaim of £6,000 if they persist.
✅ If your client withdraws, I expect written confirmation within 14 days.
✅ If your client persists, I expect a full response with the requested documents and a POPLA code.
✅ If your client ignores this letter and issues a claim, I will:
Request a stay under Paragraph 15(b) of the Practice Direction.
Apply for the claim to be struck out under CPR Rule 3.4.
Seek unreasonable costs under CPR 27.14(2)(g).
File a counterclaim for Data Protection breaches.
Should your client proceed with vexatious litigation, I will seek the maximum costs available and refer the matter to the Information Commissioner’s Office (ICO).
I expect a substantive response within 14 days.
Yours faithfully,
[Your Name]
This response puts pressure on the parking firm to either drop the claim or engage in ADR.
It prepares you for court if necessary, ensuring cost protection.
DO NOT ignore any future court claim—if they proceed, we can draft a defence statement.
What Must Be Included in a Letter Before Claim (LBC)?
Before a creditor starts court action, they must send a Letter Before Claim (LBC) that follows the Pre-Action Protocol (PAP) for Debt Claims: https://www.justice.gov.uk/documents/debt-pap.pdf
You can check whether your letter meets the correct format by reviewing the official guidelines here: Pre-Action Protocol for Debt Claims.
A valid Letter Before Claim should include:
✅ A cover letter from the creditor – it must include specific details (explained below).
✅ A Statement of Account for the debt – this might be part of the cover letter instead.
✅ An Information Sheet outlining your rights and options.
✅ A Reply Form – this is what you need to complete (see below).
✅ A Financial Statement to assess affordability if you agree to pay.
The cover letter from the creditor must clearly state:
📌 The amount owed and any interest or charges being added.
📌 Details of the original agreement (if one exists), including the date and parties involved. It should also state that you have the right to request a copy of this agreement.
📌 If the debt has been assigned (sold to another company), it must confirm the date of assignment and the new creditor's details.
📌 If you have been making payments or have offered a repayment plan, the letter must explain why court action is being considered despite this.
⚠️ If anything is missing or incorrect…
If the Letter Before Claim does not contain all required information or does not follow the Pre-Action Protocol, the creditor may be breaching Pre-Court Protocol. This could later be used to challenge the claim.
If you receive a Claim Form for a debt but were never sent a proper Letter Before Claim, you should highlight this as a procedural failure.
The Reply Form asks whether you accept, dispute, or need more information about the debt. Even if you borrowed money, that doesn’t always mean the creditor can legally enforce the debt.
There are four boxes – only tick one:
✅ Box A – I agree I owe the debt.
Only tick this if none of the possible defences apply and you fully accept the amount claimed.
✅ Box B – I owe some of the debt, but not all of it.
Tick this if you agree partially but dispute the amount.
Use this carefully – if you're unsure, tick Box C instead.
✅ Box C – I don’t know whether I owe the debt.
This is a safe option if you need more information or time to seek advice.
Ticking this prevents a rushed CCJ and forces the creditor to provide full evidence.
✅ Box D – I dispute the debt.
Only tick this if you know exactly why you dispute the claim.
If you’re unsure about legal arguments, Box C is a better option until you get advice.
You only need to complete Section 2 if you ticked Box A or Box B (admitting some or all of the debt).
🚫 If you ticked Box C or Box D, do not complete this section or provide financial details. You are not admitting liability at this stage.
If you are seeking advice but need more details first, you can request extra time under the Pre-Action Protocol.
✍️ In Box G, write something like:
"I intend to seek debt advice about this claim. I cannot do so until I have received the information I have requested."
This will extend the deadline by another 30 days after you receive the requested documents.
Box H – What Information Are You Providing?
✅ If you admitted the debt (Box A or B) and offered a payment plan, include a budget sheet.
✅ If you dispute the debt (Box D), you can provide supporting documents, but this isn’t always necessary.
✅ If you are asking for more information (Box C), you don’t need to provide anything yet—wait until you receive the documents.
Box I – What Information Do You Need?
This is your chance to ask for all relevant documents before deciding how to proceed. The Reply Form suggests several key items:
📌 A copy of the written contract for the alleged debt.
📌 A full statement of account, including all interest and charges, with an explanation of how they were calculated.
📌 A breakdown of administrative charges included in the claim.
For parking fines and consumer disputes, the necessary documents vary. Request anything that supports your case, such as proof of planning permission or contracts with landowners.
🚨 If you do not return the Reply Form within 30 days, the creditor can issue a court claim.
📅 Don’t leave it until the last minute! Give yourself time to seek advice if needed.
✅ Make a copy of your completed Reply Form (scan or photograph it).
✅ Post your reply well before the 30-day deadline to allow for postal delays.
✅ Send it by recorded delivery to the address provided in the Letter Before Claim—this is often a legal firm, not the original creditor.
If you lose the form or need to redo it, you can print a new copy from the official Pre-Action Protocol for Debt Claims website.
✔ Don’t ignore the Letter Before Claim – responding puts you in control and may prevent court action.
✔ Use Box C if you need more details – this delays proceedings and forces the creditor to provide proof.
✔ Challenging unfair claims can stop them – many creditors drop cases when properly challenged.