Court Costs & Common Concerns

❓ “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.

Responding to Letter of Claim

Pre-Action Protocol

Objectives of pre-action conduct and protocols

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.

Steps before issuing a claim at court

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.

TEMPLATE FIRST RESPONSE

Subject: Response to Letter Before Claim – Request for Further Information

Dear Sirs,

Thank you for your letter dated [insert date].

When your client's debt collectors first contacted me, I requested full details of the basis of the claim, including all photographs taken of the vehicle at the relevant time. However, I was told by [name of debt collector, if known] that no such evidence would be provided "until this gets to court" [use their exact wording if possible].

You have now issued a Letter Before Claim, yet it fails to provide essential details of the claim. Specifically, it does not include photographic evidence, details of the alleged contract, or an explanation of how the sum demanded has been calculated. It also does not clarify whether your client is pursuing me as the keeper or driver or whether they are relying on the Protection of Freedoms Act 2012 (POFA 2012) Schedule 4.

This failure to provide information is a breach of your client’s pre-action obligations under the Practice Direction - Pre-Action Conduct. As you will be aware, the purpose of the Practice Direction is to ensure that parties understand the claim, clarify their legal positions, and explore settlement options before legal proceedings are commenced. It applies to all potential litigants, including your client.

To enable me to understand and respond properly to the claim, I require the following documents and information:

1. The cause of action your client is relying on.

2. Whether they are pursuing me as the driver or the keeper of the vehicle.

3. Whether they intend to rely on Schedule 4 of POFA 2012 to hold me liable as the registered keeper.

4. Details of the claim, including:
   • The exact location where the alleged breach occurred.
   • The duration of time the vehicle was allegedly parked.
   • The basis on which the charge was issued (contractual breach, trespass, etc.).
   • A full breakdown of how the claimed amount has been calculated.

5. A copy of the contract between your client and the landowner that gives them the authority to issue parking charges and enforce claims in their own name.

6. A copy of any contract allegedly entered into by the driver.

7. A detailed plan showing where all signage was displayed in the car park at the time of the alleged incident.

8. Details of the signage, including:
   • Size of the signs.
   • Font size used.
   • Height and positioning of the signs
   • Confirmation the signs have planning permission.

9. A map defining the boundary of the land your client claims to manage.

10. An explanation of any additional charges added beyond the original parking charge and how these have been calculated.

11. Proof of valid planning permission for the installation of signage and any Automatic Number Plate Recognition (ANPR) cameras used at the site, as required under the Town and Country Planning Act 1990. Please provide copies of the relevant planning consents and any correspondence with the local authority regarding this. 

I am entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. Furthermore, I require this information to comply with my own obligations under paragraph 6(b).

Should your client fail to provide this information, I will rely on the following case law in requesting that the court imposes sanctions and stays any proceedings until the required disclosure is made:

• Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch)

• Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872

• Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855

If your client proceeds with a court claim without providing the above-requested information, I will seek an immediate stay of proceedings under paragraph 15(b) of the Practice Direction and ask the court to order disclosure before the claim continues.

Until your client fulfils its obligations, I am unable to properly assess my position in relation to this alleged claim, and any legal action at this stage would be premature and unreasonable.

I look forward to receiving your response.

Yours faithfully,
[Your Name]

Next Steps

✅ 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.

CASELAW USED

These cases establish that the court has the authority to sanction a party that fails to comply with the Practice Direction - Pre-Action Conduct. While private parking companies (PPCs) routinely disregard these obligations, citing this case law may apply pressure and strengthen your position. At the very least, it will help protect you in relation to costs should the matter proceed to court.

If the Claimant issues proceedings without providing a substantive response, you should write to the court with a copy of your letter, highlighting their failure to engage with the Practice Direction. Request that the court stays the proceedings under paragraph 15(b) until the Claimant provides the requested information.

If the Particulars of Claim are vague or incoherent, merely listing a registration number and an arbitrary sum without properly stating the cause of action, you should formally object. Ask the court, in the alternative, to strike out the claim under CPR Rule 3.4 for failing to disclose reasonable grounds for bringing a claim.

Additionally, you should invite the court to exercise its inherent case management powers under CPR Rule 1.4(2)(c) and Practice Direction 26, paragraph 5.1, to ensure compliance with pre-action requirements. You may also request that the court treats your letter as an application, rather than requiring a formal application notice, pursuant to CPR Part 23.3(2)(b).

WHY GO TO COURT WHEN THERE ARE ALTERNATIVES?

ALTERNATIVE RESOLUTION - POPLA RESPONSE TO LETTER OF CLAIM

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.

1. No Contract Exists – Forbidding Signage

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.

2. No Keeper Liability – Non-POFA Compliant NTKs

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.

3. Unlawful Double Recovery – Additional Charges

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.

4. Failure to Provide Key Documents – Breach of Pre-Action Protocol

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

5. POPLA – Alternative Dispute Resolution (ADR) Should Be Offered

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).

6. Data Protection Act (DPA) Breach – Unlawful Use of My Data

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.

7. Next Steps

✅ 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]

Final Notes:

• 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.

Filling in the Pre-Action Form

Filling in the Pre-Action Reply Form

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.

What the Cover Letter Must Include

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.

Section 1 of the Reply Form – Do You Owe the Debt?

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.

How to Complete Sections 2, 3 & 4 of the Reply Form

📝 Section 2: “How Will You Pay?”

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.

📞 Section 3: Getting Debt Advice

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.

📄 Section 4: What Information Are You Providing? What Do You Need?

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.

How to Submit Your Reply

🚨 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.

📌 Steps to Take:

✅ 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.

Final Thoughts

✔ 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.