Civil National Business Centre Court Claim letter

[Robin9]

My 84 year old father has received a claim letter to be heard at the Civil National Business Centre.

The claim is relating to a parking fine at Savernake Community Hospital when he took my mother to the hospital for an urgent appointment about her hip. On the day in question, the car park was full so my father dropped my mother off to attend the appointment alone. He waited for an available parking spot to be free but he was unable to get one. In the meantime, my mother concluded her appointment, so they left the car park. He did not want to leave his car unattended, nor did he want to park somewhere he shouldn't have. Previously, this car park has also been free to park in. He has since had numerous threatening letters despite explaining his defence and asking for the fine to be quashed in the circumstances. I have also tried to call Civil Enforcement but you cannot actually get through to anyone on their phonelines - only pay a fine!

Assuming this letter (attached) is legitimate, we intend to 1) defend all of this claim; 2) contest jurisdiction and request for the hearing to be hard in Swindon; 3) claim for damages on the basis that my dad has since had a mental health breakdown because of the stress caused by all the threatening letters.

Please could somebody advise how best to respond to this letter and how to fight this case in court?

Many thanks.

[des8]

Your father needs to acknowledge the claim, but not enter a defence at this stage, then his defence will not need to be filed until 24th May
He should then send a CPR31.14 letter (https://legalbeagles.info/library/gu...-of-documents/) to CEL requesting copies of all documentation they intend to rely upon.

Jurisdiction can't be challenged, but the claim will be transferred to his local court.
A counter claim for damages is not going to be successful.

Photo's of the signage at the hospital will be useful, but ALL the words need to be legible!

Post back on this thread when and if a response is received from CEL.
If no response give us a nudge around 17th May and we will assist with drafting a defence

I assume your father is the registered keeper, but has been identified as the driver to CEL

[Robin9]

Many thanks for your help. Just to clarify, do I need to get my father to acknowledge the claim on Money Claim Online? It's just he doesn't have a Government Gateway account at present.

I'm confused as to which template to use, as one mentions specific documents, a defence date and a £1 payment. I'm assuming it's the second one below, is that correct?



Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ”we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.” I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

[des8]

If your father doesn't wish to respond on line he could use the documents supplied in the claim pack and post the acknowledgement/request for extra time.

Re the CPR request use this letter:
Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.
These should include
1.Agreement /contract
2Signage
3copy of authority to manage car parking
4copy of PCN/NTK

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

Your Name

[Robin9]

Thank you, that's a great help. We are sending both letters off today, so I will post an update in due course.

[Robin9]

We have finally had a response today... letter dated 18th of May. I've attached the documents they sent to my father. Please advise what we need to do next. Many thanks. IMG_2458.jpgIMG_2459.jpgIMG_2461.jpgIMG_2460.jpg

[des8]

Can you please post a LEGIBLE copy of that sign, and also a clearer print of the second page of the PCN.as soon as possible .

I did suggest a nudge around 17th May, so now have only this weekend to draft up a defence and I do have family commitments ....
..........

[atticus]

It is not your job to draft a defence, des8. Enjoy the holiday weekend with your family.

[Robin9]

I do apologise for not getting in touch earlier. We also only received the letter yesterday. My father has been hospitalised in the last few weeks and is also suffering a mental breakdown and severe depression and anxiety that we are trying to guide him through. Please don't spend your weekend on this, time with family is far too important in life and I do not expect you to do that for me.

I have attached scans of the documents which are hopefully more legible. If we cannot draft a defence in time, then my father will just have to face the punishment and I will try and represent him in court if that is an option.

Many thanks for your time on this. The role you and all the people play at Legal Beagles is a god send for people struggling with this complex legal issues.

Have a lovely weekend.

Thanks.

[des8]

No need to apologise, and sorry to hear about your father's condition.
Trust he gets well soon.
You can act for him in court as a lay representative as long as he is present.

Suggest you delete the last attachments as your father's identity remains visible.

Your father does not face "punishment", only a demand for an alleged debt.

[Robin9]

Thank you. Fingers-crossed we will get him better soon.

I cannot find a way to delete the attachments either on desktop or mobile.

Do I now need to submit a defence to somebody?

Thank you so much for your time.

[EXC]

Thank you. Fingers-crossed we will get him better soon.

I cannot find a way to delete the attachments either on desktop or mobile.

Do I now need to submit a defence to somebody?

Thank you so much for your time.

I've removed them.

[des8]

Below is a partially amended template which you may find useful.
It is only a template, and should be used as a guide only .. in some places I have indicated where additional arguments could be used
If it is decided to use the template the numbering will need to be corrected.
Bear in mind it will be your father who signs the statement of truth, so it is his defence

It should be filed with the court as an attachment to an email, the subject line of which should be "Civil Enforcement Limited vs XXXXXX Claim Number xxxxxxxx"
Also send copy to claimant

I am now away until late Tuesday, not taking my laptop and don't use a "mobile Phone" (surely it should be "portable phone") so will be incommunicado.

1. .The Defendant received the claim xxx from CEL Ltd on dd/mm/yy
2. .Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The defendant avers the Claimant's statement of case firstly fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim and secondly has failed to properly plead its case in accordance with
   
   CPR 16.4(1)(a)
   Specifically the Particulars of Claim:
   i state that the claim is for a breach of contract and refers to a Parking Charge Notice
   
   ii. Does not state how the Defendant is liable for the charges claimed
   
   iii. Does not state how the amount claimed is calculated
4. It is well established that the Claimant must provide adequate pleadings and include all essential ingredients of the cause of action so as to enable the Defendant to understand the case against them. The Particulars of Claim, as drafted, are inadequate which makes it difficult for the Defendant to respond as he does not know or understand the basis of the Claimant’s case.
   Further, the Defendant is surprised by the poor drafting of the particulars given that the Claimant is well versed in court procedure and so the lack of compliance with the CPR 16.4(1)(a) to formulate proper particulars cannot be excused. Accordingly, the court is invited to consider its general case management powers pursuant to CPR 3.1 to:
5. 1. make an order that unless the Claimant (i) files and re-serves an amended Particulars of Claim compliant with CPR 16.4(1)(a) and (ii) provide the necessary documentation in order for The Defendant to fully plead his case within 14 days of said order, then the claim shall be struck out and judgment entered in favour of the Defendant;
   2. If the Claimant should comply with such an order , the Defendant will then be in a position to amend his defence, and would ask that the Claimant bears the costs of the amendment.
      Or
   3. if the court considers it appropriate, to strike out the claim in whole or in part, as the basis that the claim discloses no reasonable grounds for a cause of action; and
   4. exercise any other case management powers the court sees fit
   5. Without prejudice to the foregoing paragraphs, the Defendant intends to respond to the allegations raised in the Particulars of Claim as best he is able.
   
   
   
   APPLICABLE LAW
6. Section 56 together with Schedule 4 of The Protection of Freedoms Act 2012 (“POFA”) provides landowners with powers to manage parking on their land. Paragraph 4 of Schedule 4 of POFA stipulates that the liability for an unpaid parking charge may only be transferred from the driver to the registered keeper of the vehicle if certain conditions as prescribed in Schedule 4 are met.
   
   Defendant’s liability as the driver of the vehicle
7. .In the Particulars of Claim, the Claimant does not state how the Defendant is liable for any alleged unpaid parking charges so it is fair to assume is ignorant of the driver's identity and his allegations are nothing more than a fishing expedition

8 The Claimant asserts the reason the PCN was issued was " breach of contract terms/conditions”

In here you can insert about the driver not being able to find a parking space, and so remaining in the car, doing occasional circuits(/) to find a space.
Couldn’t leave the car parked outside a space as that would trigger an exorbitant charge
Parking company not offering ability to park

.Defendant’s liability as the keeper

1. 14It is denied that the Claimant is entitled recover the Parking Charge from the Defendant as registered keeper of the vehicle. The Defendant repeats paragraphs xxxxx to xxxxx (inclusive) of this Defence.
   
   15Further and alternatively, the Defendant contends that the Claimant has failed to comply with the mandatory conditions under POFA 2012 in order for the registered keeper to be held liable for the Parking Charge:
   1. Contrary to condition Schedule 4 5(1)(a) of POFA 2012, the Claimant has failed to provide evidence that it has the right to enforce against the driver of the vehicle the requirement to pay the Parking Charge. The Claimant has failed to supply:
      1. a copy of the written contract setting out the Claimant’s authority to enforce and/or pursue the Parking Charge against the driver; and
      2. what (if any) conditions may be attached as regards the recovery of the Parkin g Charge.

.2. NTK does not describe" the circumstances in which the requirement to pay them arose" PoFA 2012 sch 4 9 (2) (c) just states “payment not made in
accordance with the terms displayed on signage.

Suggest you compare the NTK with the requirements of PoFA2012 Schedule 4 (sec 9 onwards is the most relevant part) When you have finished that exercise you can state that as the NTK does not comply with mandated conditions of PoFA2012 the claimant cannot transfer liability for unpaid charges from driver to keeper

Recovery of Claimant’s unspecified charges
17.:If the Defendant is being sued as Keeper the Claimant is only entitled to recover the Parking charge as Schedule 4 condition 4(5) of POFA 2012 provides that the maximum amount which may be recovered from the registered keeper is the total amount of the unpaid parking charges specified in the notice to the registered keeper, being £xxx. Therefore, any associated charges as claimed in incurred by the Claimant in connection with the PCN are not recoverable.

18.Alternatively, if the defendant is being sued as the driver, it is noted that the amount claimed is £155,

19There is no explanation for this inflation but, the Defendant notes the Penalty (it cannot be a parking charge) is £85. from the signage photo supplied by the Claimant

21 The Defendant notes the Parking sign states “additional costs/recovery charges will be incurred….”(but the font size of the term is small making it illegible from a reasonable distance; the term ought to have been presented in a manner which was far more legible)

22 the Defendant asserts the term on the parking sign is contrary to the requirement of good faith and causes a significant imbalance under the contract to the detriment of the Defendant.

23 Section 68 of the Consumer Rights Act 2015.( CRA 2015) requires that every term of a consumer contract must be transparent and expressed in a plain and intelligible language.

21)The Defendant contends that the term referring to the charges on the signage was neither transparent nor intelligible in that it only refers to unspecified additional costs.

24It fails to explain what charges the claimant seeks to recover, and is also contrary to CRA2015 Schedule2 (10 & 14)

25Consequently, the term is unfair and is not binding on the Defendant pursuant to section 62 of the CRA2015)

26In Parking Eye vs Beavis ([2015] UKSC 67. Case ID. UKSC 2015/0116. the S C found the parking charge (£85) was a genuine estimate of the costs of operating the parking scheme including losses suffered by the operator if its terms and conditions were not complied with (see paras 188 and 193 of the judgment).

27In this claim unspecified charges additional to the parking charge may involve an element of double recovery and is an abuse of process that may taint the entirety of the claim and permit the Court to strike out the claim (CPR3 4 (2) (b) )
28. Whilst not binding on this court the Defendant respectfully refers to the following case: G4QZ465V (Excel Parking Services Ltd vs Wilkinson - 1st July 2020) where District Judge Jackson considered a similar claim to be an abuse of process under the The Consumer Rights Act 2015 (Sch 2 and section 61/ 61(1)/ 67). He found that striking out the claim was the only appropriate manner in which the disapproval of the court could be shown

you could also mention that leaving the matter dormant for x number of years between date of incident and date of claim seems to be an unreasonable way of inflating the claim by way of adding the statutory interest

29. the Defendant denies that the claimant is entitled to the relief as claimed or at all

STATEMENT OF TRUTH
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

SIGNED …………………………………………..

Dated

[Robin9]

That's great, thank you. I will work through this template now.

Furthermore, I have just found evidence from my father that he received an email dated 20/6/24 from Direct Collection Baliffs Ltd, who were operating on behalf of CEL stating the following:

"We write further to your recent email.

"Please note, our client has indicated to us to close this case and as such, DCBL will not be pursuing this balance further.

"Any future correspondence relating to this matter should be sent to our client directly."

This email is signed by a named person in the role of Correspondence Associate.

Should I include this in the defence? Surely this email indicated that no more action would be taken.

CEL then appear to have reopened this case in August 2025 and then continued to hassle my father threatening legal action.

Also, should I mention in his defence about his mental health situation - he has suffered from this for years and would likely have been depressed at the time of the parking incident.

Many thanks,
Steve

[atticus]

Do that. Also ask the claimant to file a formal Notice of Discontinuance.