Hi Team, I have received a Notice of Proposed Allocation to the Small Claims Track from the Court Office today. The Letter has total of 9 pages with instructions and a form if I wish to contest. Please advise if I have to fill in the Questionnaire on page 6 in the attached file and/or how to proceed going forward. Thank you NoticeofProposedAllocationToTheSmallClaimsTrack.pdf

Hi L, Please find the original PCN attached. If you need any other details, please let me know. Thank you OriginalPCN.pdf

Hi, It has been more than 28 days now, there is no response to my defence. I have not received any letter and I checked online at moneyclaim.gov.uk but there is no correspondence. As per the letter from the court, the claimant should respond to my defence within 28days, if the period has elapsed, the claim will stay open and the claimant have to apply to a judge for an order lifting the stay. What can be done now please.

Received letter from HM Court acknowledging my defence and to wait for the claimant to reply. CourtLetter.pdf

I have received response to my SAR request from Civil Enforcement The company Civil Enforcement have sent a two page introduction letter (attached) and all the PCN letters and solicitors letters that were sent to me. SARLetter.pdf

Defence has been submitted today.

Ok, I will go with the standard 5 points defence. Please let me know if this is fine. The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant is the recorded keeper of XXXXXX. 2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

This is the Draft Defence. I have taken some from points from Andyorch and few point from other post. Please let me know if this good and sufficient. Thank you The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle XXXXXX. The Claimant is not in a position to state if the Defendant was the driver at the time. 4. There are no contractual costs and interest cannot be accrued on a speculative charge. 5. Therefore the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. 6. The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the recovery or any recovery at all. 8. Notwithstanding the above on 27/04/2023, the Defendant made a request pursuant to CPR 31.14 for the Claimant to disclose the necessary evidence in support of their claim. To this date the claimant has failed to respond to said request.

Hi Dx, I have prepared a draft response to the defence. Please have a look and/or advise how to respond to the defence. Defence - Dispute Reasons Q1) Do you dispute the claim because you have already paid it? No, for other reasons Defence - Defence Particulars Q2) Please state your defence in a maximum of 122 lines in the box below. II believe that this Parking Charge was issued unfairly. I am not liable for the amount payable because: There was insufficient signage. There was no significant sign at the entrance of the car park so I wasn’t able to determine what the parking restrictions were/that there were in fact any parking restrictions. As claimed by the Claimant (the Parking Charges for breach of contract terms/conditions for parking in a private car park), there was no breach. The car was parked in the Supermarket's car park and the Supermarket was used to purchase groceries on the day. A credit card statement showing the date (20/08/2021) and amount (£58.78) spent in the Supermarket is available as evidence. Defence - Counterclaim Q3) Do you wish to make a counterclaim?:mandatory: NO

Hi Dx, I know I have to respond within 33days from the date on the Claim Letter to start the Defence. Does it make any difference if I start the Defence sooner than wait until nearer to the deadline please.

NB, I mentioned about moving address at the bottom of post No4.

I have submitted the AOS part. Please let me know if you would like to see the summary. I will send the CPR 31.14 Request Letter tomorrow. Is it better to send the letter using Signed/Recorded delivery or Standard First Class post please. When should I start the Defence on the MCOL please.

Could you post the link to the EVERYTHING Guide you are referring to please.

I did try speaking to the Supermarket and requesting them if can ask CEL to cancel the PCN. But the supermarket said if it was within two weeks, they could have asked CEL. Since I requested the supermarket after few months, they said, they cannot ask CEL.

Given that I did use the supermarket for shopping and parked in their Car Park and I have a credit card statement showing the amount I spent in the supermarket, on this basis can I request for the claim to withdrawn. I shop with that supermarket often and was not aware when they introduced APNR car registration, as such I was not aware to enter the my car reg on the device inside the supermarket.