County Court Hearing Day for a Parking Claim: What to Bring, What to Say, What to Expect

Most Hearings Are Decided in the First 5 Minutes

If you have defended a private parking claim and a hearing date has been listed, you have crossed the worst of the procedural ground — the operator chose not to discontinue and is committed to going forward. That fact alone is meaningful: it means they think they have a defensible case, or they have miscalculated. Your job on hearing day is to put the District Judge in a position to see, in the first five minutes, that the law is on your side.

Small-claims hearings for parking matters typically run 30-40 minutes. The judge has read the papers (or skimmed them on the day if listed back-to-back). The hearing is not a re-trial of every fact — it is a focused conversation about the procedural points (POFA), the contract points (signage and CRA 2015), and the proportionality points (Beavis distinction). The defendant who has organised those three buckets cleanly wins the hearing in the first five minutes. The defendant who hasn't loses it in the same window.

Step 1: Understand What the Court Will Have Seen

By the hearing date, the court file usually contains:

1. The Claim Form (N1) and Particulars of Claim filed by the operator
2. Your N9 Acknowledgement of Service and N9B Defence
3. Both parties' N180 Directions Questionnaires
4. Witness statements filed at the court's direction (usually 14 days before hearing)
5. Skeleton arguments or position statements if the judge ordered them
6. A bundle index if directions required one

The District Judge will normally read at least your defence and witness statement before the hearing. Skeleton arguments are rare in small claims because of the cost-cap concerns under CPR 27.14, but if the judge orders one, file it on time.

Step 2: Prepare Your Bundle

Bring two paper copies of every document, indexed in the order below. One copy for the judge, one for you. If the claimant attends, they will have their own.

Standard small-claims parking bundle:

Use coloured tab dividers — small-claims judges process dozens of these and a well-tabbed bundle is appreciated. Page numbers are required by some courts; if your hearing notice mentions paginated bundles, do it.

Step 3: Write the Witness Statement

The witness statement is the document the judge actually reads. Get it right and most of the hearing is a formality. The structure:

```

IN THE COUNTY COURT AT [HEARING CENTRE]

Claim No: [from N1]

[Claimant] -v- [Defendant]

WITNESS STATEMENT OF [YOUR NAME]

I, [name], of [address], make this statement in defence of the

above claim.

1. I am the registered keeper of vehicle [VRM]. I make this statement

from my own knowledge unless stated otherwise.

1. I deny that I am liable to the claimant for the sum claimed or

any sum at all.

1. PROCEDURAL — POFA 2012 Schedule 4

3.1 The Notice to Keeper bears a date of [date] and was received

on [date]. The alleged parking event was [date].

3.2 The interval between the parking event and the date of the

NtK exceeds 14 days. Paragraph 9(4) of Schedule 4 of the

Protection of Freedoms Act 2012 requires service within 14

days for keeper liability to attach.

3.3 Keeper liability is therefore extinguished and the claimant

must prove who was driving.

1. SIGNAGE — Consumer Rights Act 2015, s.62

4.1 At [date], I attended the site and photographed the signage

in the relevant area. The photographs are exhibit [X].

4.2 The signs were not prominent or legible from the driver's

seat at the point of entry, contrary to section 13 of the

Private Parking Code of Practice and the test in Beavis [2015]

UKSC 67 (signage "large, prominent and frequent").

4.3 The contractual terms were not transparent for the purposes

of section 62 of the Consumer Rights Act 2015.

1. PROPORTIONALITY — ParkingEye v Beavis [2015] UKSC 67

5.1 The claim seeks £[amount], comprising £100 parking charge,

£[X] "legal costs" and £[Y] "debt recovery fees".

5.2 The added costs are not recoverable in small claims under

CPR 27.14. Excel v Wilkinson (Manchester County Court, 2020)

struck out similar add-ons as unrecoverable.

5.3 The £100 charge itself falls outside the Beavis facts because

[the site is not subject to the same commercial-justification

framework / signage materially different / no two-hour turnover

requirement].

1. I respectfully request that the claim be dismissed.

Statement of Truth: I believe that the facts stated in this witness

statement are true.

Signed: [signature]

Name: [printed name]

Date: [date]

```

Keep it under three pages. Numbered paragraphs. Plain English. No emotive language.

Step 4: On Hearing Day — What Actually Happens

Before the hearing:

• Arrive 30 minutes early to find the courtroom and review your bundle
• Court ushers will call your case — listen for your surname
• Dress neatly (suit not required but tidy clothes show respect for the court)
• Bring a pen and a notepad

In the hearing room:

• Stand when the judge enters and when addressed by the judge for the first time
• Address the judge as "Sir", "Madam" or "Judge" — never "Your Honour" (that is for Crown Court)
• The claimant's representative usually speaks first (briefly) — listen carefully and note anything you want to challenge
• The judge will then turn to you and ask you to address your defence

Your opening (90 seconds):

> *"Sir/Madam, I respectfully invite the court to dismiss the claim. There are three substantive points: first, the Notice to Keeper failed POFA 2012 Schedule 4 paragraph 9; second, the signage failed section 62 of the Consumer Rights Act 2015 and section 13 of the Code of Practice; third, the added costs are not recoverable under CPR 27.14. I will take the court through each in turn."*

That opening tells the judge you know the law, you have organised your case, and the next 25 minutes will be productive. Hearings won inside the first minute are not won by accident.

The questioning:

• The judge will ask specific questions about each ground — answer factually, point to the exhibit, do not embellish
• If the claimant's representative makes a factual claim you dispute, raise it politely: *"Sir, that is not correct — exhibit X shows..."*
• Do not interrupt the judge or the claimant
• If the judge asks something you do not know, say so: *"I do not have that information to hand"*

The decision:

• Most small-claims decisions are given orally at the end of the hearing
• The judge will state the outcome (claim dismissed / partly allowed / fully allowed) and brief reasons
• A formal sealed order follows by post within 1-2 weeks
• If you win, the court will usually award you reasonable costs under CPR 27.14 — have your costs schedule ready

Step 5: After the Hearing

If you win:

• Wait for the sealed order
• If costs were awarded but not yet quantified, file your schedule within 14 days
• Enforce the costs order if the operator doesn't pay (rare but possible)

If you lose:

• Pay the judgment within 30 days to avoid the CCJ landing on your credit file (it will be marked "satisfied" but does NOT appear on the public register if paid inside 30 days)
• If you have grounds for appeal, file form N164 within 21 days of the order date — but small-claims appeals are rare and need permission

Common Pitfalls

• Conceding driver identity — once you say "I was driving", the POFA keeper-only defence is gone. Stay on "I am the registered keeper, the claimant has not proven the driver" unless you have a separate driver-side defence
• Reading from a prepared script word-for-word — judges find this stilted. Bullet-point your talking points and look up when you speak
• Attacking the claimant personally — never works. Stick to the facts and the law
• Bringing irrelevant evidence — letters from your MP, complaints to the BPA, character references. None help. Stick to POFA, signage and quantum
• Forgetting the witness statement Statement of Truth — unsigned statements are inadmissible. Triple-check before you arrive

Numbers That Matter

• Typical small-claims hearing length: 30-40 minutes
• Bundle copies to bring: 2 paper, plus a backup PDF on your phone
• CPR 27.14 cap on loss of earnings if you win: £95/day
• Window to pay a CCJ and keep it off your credit file: 30 days
• Appeal window if you lose: 21 days, form N164

Related Reading

• County Court Claim Form N1 Parking Defence — the defence-filing stage that led to the hearing
• Parking Claim Discontinuance Costs (CPR 38.6) — if the operator discontinues before hearing day
• N244 Set-Aside Parking CCJ — if a default CCJ was registered because you missed the N1
• Civil Enforcement Bailiff Fees Challenge — if bailiffs are instructed after the hearing