Response to Clain Form Template
IN THE COUNTY COURT
Claim No: [Claim Number]
Between:
Euro Car Parks Limited (Claimant)
and
Your Full Name
DEFENCE
- Introduction
1.1 I, [Your Full Name], am the Respondent in this matter and submit this Defence in response to the Claim brought by Euro Car Parks Limited.
1.2 I deny liability for the entirety of the claim and put the Claimant to strict proof on all aspects of the alleged parking charge, including but not limited to:
The identity of the driver at the material time.
The legitimacy of the vehicle registration and its connection to the alleged breach.
The correct legal service of the Penalty Charge Notice (PCN) within the statutory time limit.
- No Evidence of the Respondent as the Driver
2.1 The Claimant’s claim is based on an alleged breach of contract between the driver and Euro Car Parks Limited. However, the Claimant has failed to provide any evidence proving beyond reasonable doubt that I was the driver at the time of the alleged parking contravention.
2.2 Under UK contract law, a contract can only be formed between the Claimant and the driver. As the registered keeper, I am not automatically liable for the alleged debt unless all conditions of Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012) are satisfied.
2.3 If the Claimant is relying on keeper liability under POFA 2012, they must prove full compliance with the Act’s requirements, including proper service of the PCN and strict adherence to the prescribed timeline.
2.4 In the absence of conclusive proof that I was the driver, I deny any contractual relationship with the Claimant and assert that there is no cause of action against me.
- Potential Cloning of the Vehicle
3.1 The vehicle registration displayed on the Claimant’s photographic evidence may not belong to the Respondent’s vehicle, as vehicle cloning is a known issue in the UK.
3.2 The Claimant is put to strict proof that the vehicle captured in the alleged contravention is the same vehicle registered to me, rather than a cloned vehicle with fraudulent plates.
3.3 The Claimant must provide:
Clear, timestamped photographic evidence showing distinctive identifying features of the vehicle.
Confirmation that the vehicle has been verified against DVLA and police records to confirm its authenticity.
3.4 Failure to provide such proof renders the claim invalid due to uncertainty over vehicle identity.
- Non-Compliance with POFA 2012 – Late Service of the PCN
4.1 Under Paragraph 9(5) of Schedule 4 of POFA 2012, if the Claimant intends to hold the keeper liable, they must deliver the PCN within 14 days of the alleged breach.
4.2 The Respondent requests the Claimant to provide evidence of the date of issue and service of the PCN, proving it was lawfully served within the statutory timeframe.
4.3 If the PCN was not properly served within the 14-day limit, the Claimant cannot rely on POFA 2012 to hold the Respondent liable as keeper, and the claim must be dismissed.
- Unfair and Unenforceable Penalty Charge
5.1 The sum claimed by the Claimant is excessive, disproportionate, and does not reflect a genuine pre-estimate of loss, rendering it unenforceable as a penalty.
5.2 In ParkingEye Ltd v Beavis [2015] UKSC 67, the Supreme Court ruled that a charge must be proportionate and serve a legitimate commercial interest. The Claimant has failed to demonstrate how the claimed amount meets this requirement.
5.3 The Respondent requests the Claimant to provide:
A breakdown of how the sum was calculated.
Evidence that the charge reflects a genuine loss rather than an unenforceable penalty.
- Conclusion
6.1 Based on the lack of evidence, potential vehicle cloning, failure to comply with POFA 2012, and unenforceability of the penalty charge, I request that the Court strike out the claim in its entirety.
6.2 If the Claimant fails to provide strict proof of all the required elements, the claim should be dismissed with costs awarded to the Respondent for time wasted in defending a meritless claim.
6.3 I reserve the right to expand on this Defence should further evidence be presented by the Claimant.
Statement of Truth
I, [Your Full Name], believe that the facts stated in this Defence are true.
Signed: __
Date: __