Mortimer Clarke Parking Charge: What to Do

Who Is Mortimer Clarke?

Mortimer Clarke is a solicitor firm that handles parking charge claims on behalf of various parking operators. They manage pre-action correspondence and court proceedings.

Mortimer Clarke is a regulated solicitor firm. This means they can send formal legal demands and, importantly, they can file County Court claims on behalf of their parking company clients. Solicitor correspondence carries more weight than a standard debt collection letter because the firm has the authority to initiate legal proceedings directly.

Why Did I Get a Letter from Mortimer Clarke?

If you have received a letter from Mortimer Clarke, it means that a parking company has passed your unpaid parking charge to them for recovery. This typically happens after the parking company has sent its own initial notices and you have either not responded or not paid. The parking charge has now moved from the initial notice stage into the debt recovery or legal escalation phase.

The typical sequence is as follows: first, the parking company issues a Parking Charge Notice (PCN), either on your windscreen or through the post after a DVLA keeper enquiry. If that goes unpaid, they may send reminder letters and a Notice to Keeper under POFA 2012. If payment is still not received after these initial stages, the parking company will instruct Mortimer Clarke to pursue the debt on their behalf. Mortimer Clarke then sends its own series of letters, which are typically more forceful in tone and may threaten further action.

It is important to understand that the involvement of Mortimer Clarke does not change the underlying legal position. The parking charge is still a civil contractual claim, not a criminal matter. The same defences that apply to the original PCN still apply at this stage. If the original charge was invalid, it does not become valid simply because it has been passed to Mortimer Clarke.

Which Parking Companies Use Mortimer Clarke?

Mortimer Clarke acts on behalf of several private parking operators. If you have received a letter from Mortimer Clarke, check which parking company originally issued your PCN. The specific operator matters because each company has its own patterns of compliance, common signage issues, and likelihood of pursuing court action.

The following parking companies are known to use Mortimer Clarke for debt recovery or legal proceedings:

• --Various private parking operators

If your parking company is listed above, you can find specific guidance on challenging their charges by visiting the relevant company page. Each operator has known weaknesses in their procedures that can form the basis of a strong defence.

How Much Are They Asking For?

Demands from Mortimer Clarke typically range from £160 to £360 pre-court, with court claims reaching £500-£650+.

It is worth noting that the amount demanded by Mortimer Clarke may be significantly higher than the original parking charge. This increase typically includes added administration fees, debt recovery costs, and sometimes solicitor costs. Whether these additional charges are legitimate and recoverable is often questionable, particularly if they were not disclosed on the original car park signage or in the terms and conditions.

Under the Consumer Rights Act 2015, any charges must be transparent and not unfair. If the signage at the car park only stated a charge of, say, 100 pounds, the parking company may have difficulty justifying a demand for significantly more. On the small claims track in county court, solicitor costs are generally not recoverable, which limits what the parking company can actually claim if the matter goes to court.

Should I Pay Mortimer Clarke?

This is the question that brings most people to this page, and the honest answer is: it depends on the specifics of your case. There is no universal right answer because each parking charge turns on its own facts. However, there are some important principles that can help you decide.

Before paying, you should consider whether the original parking charge was valid in the first place. Did the parking company comply with POFA 2012? Was the signage adequate? Were you actually in breach of the terms? Was the charge proportionate? If there are legitimate grounds to challenge the charge, paying simply because you received a letter from Mortimer Clarke may mean giving up money you do not owe.

On the other hand, if the charge is valid and you were genuinely in breach of clearly displayed terms, paying at an earlier stage will usually be less expensive than waiting for the matter to escalate. Some people choose to pay to avoid the stress of further correspondence, and that is a personal decision.

What you should never do is pay simply because the letter sounds threatening. Mortimer Clarke's letters are carefully worded to create a sense of urgency and fear. The tone of a letter does not change the legal position. If the charge is challengeable, it remains challengeable regardless of how many letters you receive or how strongly worded they are.

What Powers Does Mortimer Clarke Actually Have?

As solicitors, they can send formal demands and file court claims. No pre-judgment enforcement powers.

Many people assume that receiving a letter from a solicitor firm means that serious legal consequences are imminent. While it is important to take correspondence seriously, it is equally important to understand the actual limits of what Mortimer Clarke can do. Their letters may imply consequences that they do not have the power to deliver.

The bottom line is this: Mortimer Clarke cannot force you to pay. As solicitors, they can file a court claim, but even then, you have the right to file a defence. No money can be taken from you without a court order, and many claims are dropped when a strong defence is submitted. Understanding this distinction is essential to making an informed decision about how to respond.

Known Issues with Mortimer Clarke

Based on reports from motorists and public records, the following issues have been associated with Mortimer Clarke:

• --Inflated demands
• --Pursuing claims on behalf of operators with compliance issues
• --Standard template letters designed to pressure payment

If any of these issues apply to your case, they may strengthen your position if the matter goes to court. Document everything and keep all correspondence as evidence.

How to Respond to Mortimer Clarke

How you respond to Mortimer Clarke depends on the stage the matter has reached and the strength of your case. However, there are some universal principles that apply regardless of the specifics. Following these steps will protect your position and avoid common mistakes that could weaken your case.

1. 1Do not ignore their letters
2. 2Do not contact them or admit liability
3. 3Verify the original charge and POFA compliance
4. 4Respond to any Letter Before Action
5. 5File a defence promptly if court papers arrive

One of the most important things to remember is that a phone call to Mortimer Clarke can do more harm than good. Anything you say on the phone may be used to establish that you acknowledge the debt or accept liability. Stick to written correspondence, keep copies of everything, and do not make any admissions.

If the matter has reached the Letter Before Action stage, the parking company is signalling that they are considering filing a court claim. This does not mean they will definitely proceed, but you should take it seriously and begin preparing your defence. Many claims are dropped when the parking company or their solicitors receive a well-structured defence that demonstrates the motorist understands their rights.

Can Mortimer Clarke Take Me to Court?

Mortimer Clarke does pursue court claims. However, filing a strong defence often results in the claim being dropped or discontinued.

If Mortimer Clarke does file a County Court claim, you will receive a Claim Form (N1) from the County Court Business Centre or your local court. This is a formal legal document and you must respond within the deadline. You will have 14 days to acknowledge the claim and then a further 14 days to file your defence (28 days total from service).

If a court claim is filed, do not panic. Parking charge claims are heard on the small claims track of the county court, which is designed for ordinary people to represent themselves without a lawyer. The process is relatively straightforward, and the financial risk is limited. On the small claims track, each party generally bears their own costs, so even if you lose, you will typically only have to pay the original charge plus court fees -- not the other side's solicitor costs.

The most important thing is to file a defence. A well-drafted defence that raises legitimate legal arguments -- such as POFA 2012 non-compliance, inadequate signage, or a disproportionate charge -- significantly increases the likelihood that the parking company will discontinue the claim rather than risk losing at a hearing. Our County Court Defence Guide explains the process in detail.

Frequently Asked Questions