Private Parking Court Defence

Ideally you will already have disputed the Private Parking companies claim in writing using the Dispute Letter

Requirements to bring a case

In order for a parking company to successfully make a successful claim for an unpaid Parking Charge Notice they may need to prove several things such as:

• There is a contract between the parties

• The person named on the claim is the person they have a contract with (i.e. the driver)

• The person actually broke the terms and conditions

• The contract does not contravene other laws (e.g. unfairness)

• The party bringing the claim has the legal right to do so

Contract

A contract has several elements in law, namely offer, consideration and acceptance. In the case where you have purchased a ticket this is reasonably straightforward to prove (i.e. the ticket is effectively the contract). Where the car park is free, this is harder to prove. Typically free car parks operated by private parking companies have signs dotted around the car park displaying their terms and conditions. There being a contract relies on the fact that you saw those signs and therefore signed up to the terms and conditions displayed.

If you get a private parking ticket, then consider whether the signage in the car park was reasonable. For example:

• Could you have parked without seeing a sign?

• Are the signs legible from the distance you would typically read them from?

• If it was dark, were the signs lit?

• Does the sign state the name of the company issuing the Parking Charge Notice?

Who was the driver?

One big problem the parking company has is to know who they hold a contract with. The important point is that, on the assumption there is a contract, it is between the parking company and the driver – not the registered keeper. Unfortunately, many people fall into the trap of following the ‘appeal’ process where they inadvertently identify themselves as the driver. If the driver is not known to the parking company, then who can they take legal action against?

The usual method the parking company take is to request the registered keeper‘s details through the DVLA which they are allowed to do if they are a member of the British Parking Association  (the unregulated trade association for such companies). Each request costs them a small fee (£2.50). The parking company will then be able to write to the registered keeper.

With the introduction of the Protection of Freedoms Act in October 2012 the parking company can invite the registered keeper to name the driver. If the registered keeper refuses to name the driver then the parking company may pursue them to whatever charge they were lawfully entitled to from the driver. If the registered keeper names the driver, they may only pursue them. See our KEEPER LIABILITY page for more details.

The contract was broken

One would hope that if a parking company brought a case to court that they would have a watertight case for the contract being broken. However, this isn’t always the case. I’m not sure who the parking companies use to write their signs, but they often lack a basic understanding of the English Language.

Joking aside, read the signs carefully and check that you actually did break their terms and conditions as written on their signs (i.e. the contract). There have been cases lost by parking companies because the signage has been written using such poor English that the parking rules had not actually been broken when interpreted literally.

Fairness of the contract

Civil contracts are not normally allowed to punish or penalise the consumer – only criminal law can do that. This is backed by common law and statute. The Unfair Terms in Consumer Contracts Regulations 1999 provides protection to consumers from unfair contracts.

In particular, it defines where a term is considered as unfair:

In the case of a car park, clearly the terms and conditions will have been drafted in advance, so this law would apply to them.

Where a term is considered unfair, it therefore might not be binding:

Schedule 2 of the Unfair Terms in Consumer Contracts Regulations 1999  gives indicative information about terms which may be considered unfair. In particular: 

Further to this, the Office of Fair Trading has issued guidance on its view of this legislation to provide guidance to courts about how the law should be interpreted. In this document they provide guidance for disproportionately high compensation. 

In the case of a parking ticket, it would be very hard to argue that this is a reasonable pre-estimate of the loss caused. For example, if the car park charges £1 per hour, and I stay 15 mins over the hour, how can the loss be any more than 25p? How can they justify £40-120 being a reasonable pre-estimate of the loss? 

One should bear in mind that whilst this legislation seems to quite clearly outlaw these charges, the Unfair Terms in Consumer Contracts Regulations 1999 does not regulate the ‘core terms’ of the contract: 

Whilst this argument seems very strong, a parking company could argue that a Parking Charge Notice is the price for parking there, as opposed to a penalty for breaking the terms and condition of their contract. To the author that sounds like nonsense – especially when their own trade association recommends that parking companies make their charges inline with council-issued penalties! If a case does proceed to court that it is up to the judge on the day to interpret the law and the guidelines and the outcome is not guaranteed. Certainly there are lots of examples of judges agreeing that these are unfair terms (such as in this case), whilst parking companies also point to examples in their favour.

Commercial justification

In recent cases (as of May 2014) Parking Eye have been claiming their parking tickets to be commercially justified. Whilst judges have found their tickets to be penalties (usually not allowed under consumer law, as described above), the penalty is commercially justifiable in that it is necessary to perform parking management. This area of law is developing as of the time of writing and so the author cannot offer any specific advice here. We would suggest you do your own independent research, or engage a legal professional.

Right to claim?

Recently there has been a case in which the Upper Tax Tribunal found that a standard parking company contract does not provide the parking company contractual authority to issue enforcement proceedings their name or the name of the land owner, and there has subsequently been at least one case thrown out of County Court on this basis.

Going forward, I’m sure that the parking companies will take this into account and update their contracts as necessary, but it will take time, and this line of inquiry should be pursued since it would blow the case out of the water if that is found.

There are also numerous cases where people have been issued tickets for parking in their own space for not displaying a permit. For example where they live in a development with a communal car park, but with allocated spaces. If their leasehold or freehold does not state anything about permits, then the parking ticket would not be enforceable.

Right of Audience

If a claim against you does go to hearing, make sure you question their representative’s right of audience. Private parking companies often do not use solicitors or barristers to represent them, and instead send a legal advocate from a 3rd party firm, such as LPC Law. Since they are not qualified solicitors or barristers, then they may not have right of audience. This means that the case could get struck out before even arguing it! 

They've sent a LETTER OF CLAIM threatening Court action!

If the parking company's solicitor sends you a Letter of Claim, send them the PRE-ACTION Letter: 

You get an extra 14 days to file a defence by Acknowledging Service.

You need to respond quickly you have 14 days from the date of issue to respond. If, like the one above, it was issued through the Northampton bulk centre. You can defend the case online with the MCOL webpage. Make sure you have proof of filing your defence.

You can however respond by filling in the forms sent with it to defend the claim. As soon as a defence is filed, it will be allocated for a hearing at your local County Court.

If you do not acknowledge service or file late, 

you will get a County Court Judgement in default!

 It is important to dispute every element of the claim. 

Anything you do not dispute, you agree!

Example response to particulars of claim:

Court Claim Procedure 

🧾 1. You've received a Claim Form from a private parking company

🚫 It is not a summons
🚫 It is not a County Court Judgment (CCJ)
✅ It is simply a civil claim stating that the company (or their solicitors) believes you owe them money for one or more alleged unpaid parking tickets.

📌 Important:
Do not ignore it. You have 14 days from the date of service to file an Acknowledgement of Service (AOS) — this tells the court you're going to defend the claim.

✍️ 2. Acknowledge Service (AOS) — What to Do

🔹 Tick the box: "I intend to defend all of this claim"
❌ Do not write anything in the "Defence and Counterclaim" section — not even a full stop.
🕒 This gives you an extra 28 days from the date of service (which is the issue date on the claim form + 5 days) to prepare your Defence.

📚 Use this time to research relevant defences.
✅ Look at recent, reliable sources.
⚠️ Don't copy-paste blindly — tailor your defence to your specific case and evidence.

🛡️ 3. Writing Your Defence

✍️ Your Defence does not need to be long or complex, but it must cover every point (fact and law) you plan to rely on.

📌 You can't add new points later without paying a fee. However, you can expand on points already included.

📄 Your Defence must include:

• Title: "In the County Court"
  
  

• The case number
  
  

• Names of both parties (clearly marking who is the Claimant and Defendant)
  
  

• The word: "Defence"
  
  

• End with:
  "I believe the facts stated in this Defence are true."
  Then your signature and the date
  
  

🖋️ Formatting Tips:

• Use Times New Roman, 12pt
  
  

• 1.5 line spacing
  
  

• Number all paragraphs and pages
  
  

📮 Best Practice:
Print and send your Defence by registered post to:
Northampton County Court Business Centre
This avoids formatting problems with the online system, which can make your Defence hard for the Judge to read.

FORM N180

📄 4. Directions Questionnaire (Form N180)

📬 After your Defence is submitted:

• The court will send a copy to the Claimant

• Then you'll both receive a Directions Questionnaire (Form N180)

📅 You must fill this in and return it by the deadline.
Send:

• One copy to the court (Northampton CCBC)

• One copy to the Claimant or their solicitor (if one is listed as the address for service)
  
  

📥 How to Get Form N180

📌 You don’t have to wait for it in the post — you can download and email it directly to the court.

📧 Email it to:
ccbc@justice.gov.uk

👉 Download N180 here:

📎 READY-FILLED FORM: Pre-drafted N180

📝 A helpful pre-filled N180 Directions Questionnaire with suggested answers is available to download here:
🔗 https://sites.google.com/view/n180-private-parking/home

📧 When emailing your completed form:

• Use this subject line format:
  N180 – [Your CLAIM NUMBER]

• Send to:
  AOS.CNBC@justice.gov.uk

• Ask for a confirmation that the N180 has been received and logged.
  
  

❗ Special Note: "Papers-Only" Hearings

📄 Some parking firms are currently requesting that the court deals with the case without a hearing (called "special directions").

🛑 You should oppose this request. In Section D1 of the N180 form, write:

“The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3).”

This ensures you get your say in person.

🧾 5. What Happens Next – Case Allocation

📂 Once your N180 is processed:

• The case will be transferred to your local County Court

• You will receive a Notice of Allocation with the date and time of your hearing
  
  

🕓 It will also state:

• A deadline to submit your Witness Statement and any evidence (often 14 days before the hearing, but check carefully).
  
  

📄 Your Witness Statement can expand on the points made in your Defence.

🗣️ Begin your Witness Statement like this:

"I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows:"

📎 Attach supporting evidence:
Photos of signage, receipts, correspondence, etc.

📘 Optional: Include a Skeleton Argument — a summary of the legal points — or combine it with your Witness Statement.

🏛️ 6. On the Day of the Hearing

🕤 Arrive 30 minutes early.
🎟️ Give your name to the Court Usher and check which room your hearing is in.

👥 Most small claims hearings:

• Are held in a small room (not a courtroom)

• Involve just the Judge, you, and the Claimant’s rep

• No gowns, wigs, or juries
  
  

😌 You won't be arrested or penalised if you lose — so don’t panic!

👔 Dress smartly (as if attending a job interview)
🗣️ Address the Judge as Sir or Madam
🚫 Don’t argue with the other side — speak only to the Judge
🧠 Stay calm and focused, and if the Judge disagrees on a point, move on

📅 Courts often run late, so plan to be available all day if needed.

⚖️ 7. The Hearing Process

👨‍⚖️ Typical flow:

1. Claimant gives their summary

2. You (the Defendant) give yours

3. The Judge may ask questions at any time

4. The Judge will then sum up and give a decision (similar to The Apprentice – stay quiet during this part)
   
   

💷 If the Claimant wins:

• You pay the amount on the Claim Form

• Plus the hearing fee (usually £25 for claims under £300)

• Pay within 14 days to avoid any impact on your credit file
  
  

✅ If you win:

• The case is dismissed

• You owe nothing
  
  

💰 You may also request costs, including:

• Up to £95 for lost earnings

• Return mileage at 45p per mile

• Parking charges

🔑 Final Tip: Preparation is Everything

🎯 Know your defence arguments inside out
🧘 Speak clearly, stay calm, and stick to the facts
🗂️ Organise your documents well and bring 3 copies (for you, the Judge, and the Claimant)