A parking company has taken you to court: what to do, and by when
By Matthew Adeola, founder of Docketory. Law (Honours) graduate who has represented himself in civil proceedings, CCJ removal, and consumer disputes. Not a solicitor.
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Related service: County Court Claim Defence
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The short answer
For anyone in England and Wales with a county court claim form from a private parking company. You have 14 days from the day of service to respond, or 28 days to file a defence if you acknowledge service in time. Docketory drafts defences, letters, and set-aside statements for you to file; it does not file anything at court or speak for you at a hearing.
A claim form from a parking company is a court claim, with deadlines that run whether or not you agree with the charge. This guide covers England and Wales only.
If you have only the original parking charge and no claim form yet, check your ticket free instead.
What is this claim form and who sent it?
It is a claim issued by the County Court, not a debt collector's letter. The parking operator is the claimant, and its solicitors may have started it. A form naming the Civil National Business Centre comes from the County Court's centre for money claims. Ignoring it can lead to a county court judgment.
With the particulars of claim comes a response pack for acknowledging, admitting, or defending the claim (CPR 7.8).
Should the operator have written to me before suing?
Yes. The Pre-Action Protocol for Debt Claims covers any business claiming payment of a debt from an individual. The operator should first post you a letter of claim and allow 30 days from its date for your reply. If it skipped these steps, the court can pause the claim while they are taken.
Pausing the claim does not cancel the charge (Practice Direction on pre-action conduct, paragraphs 13 to 16).
How long do I have to respond?
Fourteen days from the day of service. Acknowledge service within those 14 days, and your defence is due 28 days after the day of service. Do not count from the day you opened the envelope.
Is an acknowledgment of service enough?
No. An acknowledgment of service tells the court you need more time to file your defence. It is not a defence. If none arrives in time, the operator can ask for judgment in default, and the court enters it without a trial.
It happened in one of our case stories: the defendant acknowledged a parking claim, ticked the box to defend all of it, and filed no defence. The court entered judgment without looking at the parking charge itself.
Which fees can the operator add?
On top of the parking charge, the claim can include the court's issue fee, fixed costs for the operator's solicitors, and interest. The operator may also add up to £70, which the parking trade bodies' code allows once a charge is overdue.
What happens if I do nothing?
The operator can ask for judgment once the 14 days pass, and the court gives it without a trial. That county court judgment stays on the Register of Judgments, Orders and Fines for six years unless you pay in full within one month, and can make credit harder to get.
Can a default judgment be set aside?
Yes, on application. The fee is £321 (EX50), and if you qualify, Help with Fees can reduce it. GOV.UK says you will have to go to a private hearing. A judgment that is set aside is cancelled on the register (regulation 11). CCJ Assessment & Removal covers this route.
Can Docketory help?
Yes, with the paperwork, if there is still time. Docketory drafts your defence, letters to the operator or its solicitors, and the witness statement for a set-aside application. You file them yourself, or through a solicitor. Docketory does not file anything at court or speak for you at a hearing.
County Court Claim Defence is from £49, and CCJ Assessment & Removal from £129. Neither fits a hearing that is close, or a case needing someone to speak for you in court. Then use a solicitor, or get free help from Citizens Advice.
What to do next
Work out the day of service and note your 14-day and 28-day dates. Gather the parking charge and the operator's letters. If judgment has already been entered, act at once.
Sources
- Civil Procedure Rules, Part 7
- Practice Direction 7B, Production Centre
- Civil Procedure Rules, Part 10
- Civil Procedure Rules, Part 12
- Civil Procedure Rules, Part 15
- Civil Procedure Rules, Part 45
- Pre-Action Protocol for Debt Claims (PDF)
- Practice Direction, Pre-Action Conduct and Protocols
- County Courts Act 1984, section 69
- Register of Judgments, Orders and Fines Regulations 2005, regulation 11
- Register of Judgments, Orders and Fines Regulations 2005, regulation 26
- GOV.UK: Civil court fees (EX50)
- GOV.UK: Claim form N1SDT
- GOV.UK: Cancel a county court judgment
- GOV.UK: CCJs and your credit rating
- GOV.UK: Get help paying court and tribunal fees
- GOV.UK: Civil National Business Centre
- The private parking sector single Code of Practice, version 1.1 (PDF)
Docketory publishes general information based on real disputes. Identifying details are changed and patterns from multiple cases may be combined. This is not legal advice. For advice on your specific situation, contact a solicitor or Citizens Advice.
Related on Docketory:
More guides on this topic
A county court claim for a debt: how to respond
A county court claim form for a debt gives you 14 days to respond, or 28 to file a defence if you acknowledge service: what the form is, what happens if you do nothing, and what the small claims track means.