Court17 February 2025

What to Do When a Parking Company Threatens Court Action

Receiving a letter from a parking company or their solicitors threatening court action can be alarming. The language is often deliberately intimidating, designed to pressure you into paying. But understanding what this actually means -- and what your options are -- puts you in a much stronger position.

Understanding the Threat

When a parking company "threatens court", they are referring to filing a County Court claim (also known as a small claim) against you. This is a civil matter, not a criminal one. You are not going to be arrested or prosecuted. The parking company is saying they intend to ask a court to order you to pay.

It is important to know that many parking companies threaten court action but never follow through. The cost of filing a claim (court fee plus solicitor costs) can exceed the value of the charge, making it uneconomical to pursue weaker cases.

The Stages Before Court

Before a court claim can be filed, the parking company should follow a pre-action protocol:

1.Original PCN: The parking charge notice, either on your windscreen or by post

2.Reminders: One or more reminder letters with increasing amounts

3.Debt collector: The charge may be passed to a debt collection agency

4.Letter Before Action (LBA): A formal letter stating they intend to file a court claim, usually giving you 30 days to respond

The Letter Before Action is the most important pre-court step. It does not mean a claim has been filed -- it means they are telling you they plan to. You still have time to prepare.

What to Do at Each Stage

**If you receive a debt collector letter**: Do not panic. Debt collectors have no special powers. They cannot take you to court, send bailiffs, or affect your credit score. They can only send letters and make phone calls.

**If you receive a Letter Before Action**: This is more serious and suggests the company may be preparing to file a claim. Use this time to prepare your defence. Consider the strength of your case and gather evidence.

**If you receive a County Court claim form**: You MUST respond within 14 days (or file an acknowledgment of service to get 28 days). Do not ignore it. Ignoring a court claim can result in a default judgment and a CCJ on your credit file.

Why You Should Not Just Pay

Paying a parking charge after receiving a court threat is exactly what the company wants. But paying means:

You are accepting the charge and the inflated amount

You are rewarding aggressive debt collection practices

You may be paying a charge that would not survive legal scrutiny

You lose the opportunity to have the charge dismissed entirely

Many parking charges have genuine legal weaknesses. POFA compliance issues, signage problems, excessive charge inflation, and penalty arguments can all form the basis of a strong defence.

Preparing Your Defence

If you decide to fight the charge, you should:

1.Gather all correspondence you have received

2.Collect evidence of your right to park (membership, receipts, etc.)

3.Take or obtain photos of signage at the location

4.Note any mitigating circumstances

5.Consider using our AI defence generator to create a comprehensive, court-ready document

A well-structured defence based on established legal arguments significantly increases the likelihood of the parking company dropping their claim. Many cases are discontinued after a defence is filed because the cost of a hearing exceeds the potential recovery.

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