In short
A defence to a parking charge claim must deal with every allegation in the particulars of claim: admit it, deny it with your reasons and your own version of events, or say you cannot admit or deny it and require the claimant to prove it (CPR 16.5). The points the rules and the statute let a court test are specific: whether you were the driver or only the keeper, whether the keeper-liability conditions in Schedule 4 of the Protection of Freedoms Act 2012 were met, what sum the notice to keeper stated, and what the documents show.
If you are still working out your deadline, start with our guide to what to do when a claim has been made against you.
The rule every defence follows: CPR 16.5
CPR 16.5(1) says the defendant “must deal with every allegation in the particulars of claim”. Three consequences follow.
- Reasons are required. If you deny an allegation, you must state your reasons and, if you intend to put forward a different version of events, your own version (r.16.5(2)).
- Silence can count as agreement. A defendant who fails to deal with an allegation “shall be taken to admit” it (r.16.5(5)).
- The amount is the claimant’s to prove. The claimant must prove any allegation about the amount of money claimed unless you expressly admit it (r.16.5(4)).
A defence that only says “I deny everything” does not meet that rule. It is also the example Practice Direction 3A gives of a defence that may be struck out: one that “consists of a bare denial or otherwise sets out no coherent statement of facts” (PD 3A para 1.4(1)).
Point 1: Driver or keeper?
Schedule 4 to the Protection of Freedoms Act 2012 is the route by which an operator can recover an unpaid parking charge from the registered keeper. If the operator can prove who was driving, or the keeper says they were the driver, the Schedule 4 conditions are not the question.
- If you were driving, your defence must not say otherwise. It carries a statement of truth.
- If you were not driving and the claim is made against you as keeper, the operator can recover from you only if the Schedule 4 conditions are met.
- On naming the driver, the notice to keeper must invite the keeper to do so (paras 8(2) and 9(2)). The Schedule frames this as an invitation; it contains no express provision requiring the keeper to name the driver.
Point 2: Were the keeper-liability conditions met?
Para 4(2) says the right to recover from the keeper applies only if the conditions in paragraphs 5, 6, 11 and 12 are met, so far as they apply. Each is a question of fact that the paperwork can answer.
- Para 5: the creditor does not know both the name of the driver and a current address for service for the driver.
- Para 6: a notice to keeper was given in the right way: either a notice to driver left on the vehicle followed by a notice to keeper under para 8, or a notice to keeper sent by post under para 9.
- Postal-only notices (para 9(5)): the notice to keeper must be delivered within “the period of 14 days beginning with the day after that on which the specified period of parking ended”. Under para 9(6), delivery is presumed on the “second working day after the day on which it is posted”.
- After a windscreen notice (para 8(5)): the notice to keeper must arrive within the 28 days that follow the first 28 days; check the exact wording of para 8(5) against your dates.
- Content (paras 8(2) and 9(2)): the notice must contain the required information, including the warning about keeper liability and the invitation to name the driver.
- Para 11: the operator applied to the DVLA for the keeper’s details in time.
- Para 12: any prescribed requirements about signs were met.
- Relevant land (para 3): Schedule 4 does not cover public highways or parking places controlled by a council. A council ticket is a different process, covered in our council PCN guide.
Build a timeline: when the parking ended, the date on each notice, and when each arrived. Then set it against the paragraphs above.
Point 3: The amount claimed
Para 4(5) of Schedule 4 caps what can be recovered from a keeper: “The maximum sum which may be recovered from the keeper … is the amount specified in the notice to keeper”. Compare the total in the claim with the sum in the notice to keeper. If the claim is against you as keeper and the total is higher, say so, and identify each extra item.
Whether added “debt recovery” sums can be recovered from a driver is a question of case law. This guide does not state a view; check the current position. Under r.16.5(4) the claimant must prove the amount unless you expressly admit it.
Point 4: What the documents show
Your defence states facts: where you parked, for how long, what signs you saw, whether you held a permit or paid, and what happened on any appeal.
- Documents you have not seen. Under CPR 31.14 you may inspect a document mentioned in a statement of case, and under CPR 31.15 inspection must be allowed within 7 days of your written notice. Part 31 does not apply once a claim is allocated to the small claims track (CPR 27.2), so ask before allocation.
- Agreements in writing. Where a claim is based on a written agreement, PD 16 para 7.3 says a copy “should be attached to or served with the particulars of claim”. The word is “should”. A missing document is a reason to ask for it, not an automatic answer to the claim.
Point 5: The parking code of practice
The statutory Private Parking Code of Practice is not in force. It was withdrawn in June 2022 (GOV.UK). On 18 September 2026 the government said in a written answer that it “intends to lay the Private Parking Code of Practice and its associated compliance framework in Parliament in autumn 2026” (UK Parliament, written question 28923). Until it is laid and in force, a defence should not treat it as binding. Operators may also refer to an industry code; check the current position of any code before you rely on it.
How to lay the defence out
- Number your paragraphs to follow the particulars of claim, answering each allegation in turn.
- State what you accept, if true, such as being the registered keeper.
- Set out your own facts in date order, one per paragraph, and deal with the amount item by item.
- Describe what is missing or wrong; leave out adjectives about the other side.
- Sign the statement of truth only when every sentence is one you would stand behind.
The form is covered in our Form N9B guide. You check, sign and file the defence yourself.
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Before you ask the court to strike the claim out
CPR 3.4(2) lets the court strike out a statement of case that discloses no reasonable grounds, is an abuse of process, or fails to comply with a rule, practice direction or order. PD 3A gives as an example particulars of claim which “set out no facts indicating what the claim is about”. The rules also carry risks for the applicant; take free advice first.
- Where particulars are thin, the answer is often an order to provide proper particulars, not a strike-out.
- A weak application can be recorded as “totally without merit” (CPR 23.12). Under PD 3C, two or more such applications can lead to a limited civil restraint order.
- There is a fee. The general fee for an application on notice, where no other fee is specified, is £321 (as at 13 July 2026) (EX50). Help with Fees can cover it if you qualify.
- Timing rules apply. A pending strike-out application prevents default judgment only once it has actually been made on a Form N244 application notice (CPR 12.3(3)). An application you intend to make does not protect you.
Free help
- Citizens Advice can look at the claim with you at no cost.
- Support Through Court helps people who are representing themselves.
- Help with Fees can reduce or remove court fees if you qualify.
This guide covers England and Wales. Scotland and Northern Ireland have their own courts and rules; if your claim was issued there, take free advice locally. Earlier stages: our POPLA appeal guide and guide to private parking charges.
A defence is a set of answers, each tied to a fact or a document. To work through yours paragraph by paragraph, you can talk it through with Chris.
Frequently asked questions
What should a parking charge defence say?
It must deal with every allegation in the particulars of claim: admit it, deny it with reasons and your own version, or say you cannot admit or deny it and require proof (CPR 16.5). Anything you do not deal with is taken as admitted, except the amount, which the claimant must prove unless you expressly admit it.
What is keeper liability?
Schedule 4 to the Protection of Freedoms Act 2012 lets an operator recover an unpaid parking charge from the registered keeper, but only if the conditions in paragraphs 5, 6, 11 and 12 are met, so far as they apply (para 4(2)). If the operator can prove who was driving, the keeper conditions are not the question.
Do I have to name the driver?
The notice to keeper must invite the keeper to name the driver (Schedule 4, paras 8(2) and 9(2)). The Schedule frames this as an invitation and contains no express provision requiring it. Whatever you say in a defence must be true, because it carries a statement of truth.
Can the claim include extra charges on top of the parking charge?
Against a keeper, para 4(5) of Schedule 4 caps the sum recoverable at the amount specified in the notice to keeper. Whether added sums can be recovered from a driver is a question of case law; check the current position.
Last reviewed: September 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. This guide is general information, not advice on your case. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
Contains public sector information licensed under the Open Government Licence v3.0.
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