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How to File a Defence to a Parking County Court Claim

Last updated: April 2026

If a parking company issues a county court claim, you must respond within strict deadlines. You have 14 days from service to acknowledge the claim, then 28 days from service to file your defence. Filing a defence is free and prevents a default judgment. Your defence should address each allegation in the claim and set out your legal grounds.

  • --Acknowledge the claim within 14 days of receiving the claim form
  • --File your defence within 28 days (or 14 extra days if you acknowledged)
  • --Filing a defence is free and can be done online via MCOL or by post
  • --Address every allegation in the Particulars of Claim

Key Takeaways

  1. Never ignore a county court claim form -- failing to respond leads to a default judgment
  2. Acknowledge the claim online as soon as possible to secure extra time for your defence
  3. Your defence must respond to each specific allegation made by the claimant
  4. Common defence grounds include POFA non-compliance, signage failures, and disproportionate charges
  5. Most parking companies settle or discontinue when a strong defence is filed
1

Do Not Ignore the Claim Form

When you receive a county court claim form (Form N1), you must take action. Ignoring it will result in a default judgment against you, meaning the court will order you to pay without hearing your side. The claim form arrives in a brown envelope from the County Court, not from the parking company directly.

Tips

  • --Check the date of service carefully -- your deadlines run from this date
  • --Read the Particulars of Claim to understand what is being alleged
2

Acknowledge the Claim

File an acknowledgment of service within 14 days of receiving the claim form. This can be done online through Money Claims Online (MCOL) if the claim was issued online, or by returning the acknowledgment form by post. Acknowledging the claim gives you an additional 14 days to prepare and file your defence (28 days total from service rather than 14).

Tips

  • --Tick 'I intend to defend all of this claim' on the form
  • --Filing an acknowledgment is not an admission -- it simply confirms you have received the claim
3

Analyse the Particulars of Claim

Read the Particulars of Claim carefully. Note whether the claimant is pursuing you on driver liability, keeper liability, or both. Identify each specific allegation. Check whether they claim POFA compliance. Note the charge amount and any added costs. This analysis determines your defence strategy.

Tips

  • --If they allege keeper liability, check whether POFA was followed
  • --If they allege driver liability, consider whether they can prove you were driving
  • --Note any inconsistencies or missing details in their claim

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4

Draft Your Defence

Your defence must respond to each allegation in the Particulars of Claim. For each allegation, state whether you admit it, deny it, or require the claimant to prove it. Then set out your positive defence grounds: POFA non-compliance, inadequate signage, disproportionate charge, unfair terms, or any other relevant ground. Be specific and reference the relevant legislation or case law.

Tips

  • --Use numbered paragraphs that correspond to the claimant's numbered allegations
  • --Do not include irrelevant personal information or emotional appeals
  • --State clearly what you are asking the court to do (dismiss the claim)
5

File Your Defence

File your defence within the deadline (14 days from service, or 28 days if you acknowledged). If the claim was issued through MCOL, file online. Otherwise, send your defence by post to the court and a copy to the claimant. Keep proof of filing. Once filed, the claim is allocated to a track (almost always the small claims track for parking charges).

Tips

  • --Keep a copy of everything you file
  • --If filing by post, use recorded delivery
  • --The court will send you directions setting out the next steps
6

Prepare for Allocation and Directions

After your defence is filed, the court will allocate the claim to the small claims track and issue directions. These typically require both parties to exchange evidence and prepare hearing bundles by set dates. Follow the directions carefully and meet every deadline. Failure to comply with directions can weaken your position.

Tips

  • --Complete the directions questionnaire promptly when received
  • --Start assembling your evidence bundle early

Frequently Asked Questions

What happens if I do not respond to the court claim?

If you do not file a defence within the deadline, the claimant can request a default judgment. This means the court orders you to pay without hearing your defence. A CCJ will appear on your credit file for 6 years.

How much does it cost to file a defence?

Filing a defence is free. There is no court fee for defendants. If you lose, you may be ordered to pay the claim amount and court fees, but not the claimant's solicitor's costs on the small claims track.

Can I file my defence online?

If the claim was issued through Money Claims Online (MCOL), you can file your defence online. Otherwise, you must file by post to the court that issued the claim.

Should I get a solicitor?

The small claims track is designed for litigants in person and you do not need a solicitor. However, you may choose to seek legal advice if you are unsure about your defence. Our defence document service can help you prepare your case.

What if the parking company offers to settle?

Settlement offers are common once a defence is filed. Consider the offer carefully. You can accept, reject, or make a counter-offer. If you believe your defence is strong, you are not obliged to accept a settlement.

Can I apply for more time to file my defence?

You can apply to the court for an extension of time, but this is at the court's discretion. It is better to acknowledge the claim promptly to secure the standard 28-day period.

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