Court Claim from DCB Legal / Highview Parking Limited

[Deleted User]

My points 2,3 critique welcome: 

2.  It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.

It was impossible to determine what the relevant parking restrictions were because there was no clear signage.  The IPC mandatory Code says that text on signage “should be of such a size and in a font that can be easily read by a motorist having regard to the likely position of the motorist in relation to the sign”. It also states that “they should be clearly seen upon entering the site” and that the signs are a vital element of forming a contract with drivers which wasn’t a case.

Defendant made a complaint to MP, who agrees, in his letter that signage is insufficient, and defendant being pursued for payment unfairly.

Defendant also complained to the landowner who responded that Highview will contact defender with significantly reduced charge, although defendant denies liability, Highview have not attempted to contact defender following the communication with landowner.

 

3.  

The defendant first heard about the parking charge by post, months later and felt harassed by the bombardment of ‘debt recovery’ letters.

There is no legitimate interest in pursuing registered keepers anyway, due to the Claimant's choice not to invoke the provisions that have been available to the parking industry in the POFA since 2015.  

Le_Kirk

All paragraphs require a number.  Signage already exists in the standard defence template so you could add your particular points to that paragraph.  If you are stating that you were not the driver, you need to say so and then your point about POFA makes sense.

[Deleted User]

Thank you @Le_Kirk .   Will point about POFA make sense if I am stating that I cant recall who the driver was?

[Deleted User]

OK, I confused the dates and realise I am two days late to file defence. Any point sending defence today? If not, its just a default judgment and nothing I can do?

Le_Kirk

Deleted_User said:

Thank you @Le_Kirk .   Will point about POFA make sense if I am stating that I cant recall who the driver was?

That depends upon the judge; whether or not he/she believes that, on the balance of probabilities, you were not the driver.  The more people who regularly drive the car and/or are insured to drive it, the better your chances.  Your job is to persuade the judge that you genuinely cannot recall who was driving and you are not just hiding behind the "cannot recall who was driving".

[Deleted User]

Deleted_User said:

OK, I confused the dates and realise I am two days late to file defence. Any point sending defence today? If not, its just a default judgment and nothing I can do?

I have checked MCOL website and my acknowledgment of service was received on 04/05/2021 at 01:22:50. Does that mean I still have time? In any case, nothing to loose, I will send my defence.

KeithP

Deleted_User said:

OK, I confused the dates and realise I am two days late to file defence. Any point sending defence today? If not, its just a default judgment and nothing I can do?

Confused the dates?? How is that even possible?
I clearly wrote...

...you have until 4pm on Tuesday 1st June 2021 to file your Defence.

followed by...

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

You never did say whether you managed to file an Acknowledgment of Service in time. 

You must now file your Defence as soon as possible - preferably before 4pm today, but if that's not possible, then before 8am tomorrow.

But be warned - you may already be too late.
Since 4pm on on Tuesday 1st June 2021 the Claimant has been free to seek a Default Judgment against you.
You are now in a race.
If the Claimant gets that Default Judgment before your Defence is accepted then it's game over - you lose.
If you file your Defence before the Claimant gets that Default Judgment, you go through to the next round.

[Deleted User]

@KeithP   Defence filed at  15:58, auto response received at 15:59. I had a date in my mind 4th of June..(face palm) no excuses, so I may be the first to not file in time, hope others will learn from it reading this post.

D_P_Dance

Complained to MP, who advised that he cant be involved in legal matters but sent me a letter stating that he agrees that signage is insufficient and charge is unreasonable , can I include it in my court defence? 

Of course you can    

[Deleted User]

Deleted_User said:

@KeithP   Defence filed at  15:58, auto response received at 15:59. I had a date in my mind 4th of June..(face palm) no excuses, so I may be the first to not file in time, hope others will learn from it reading this post.

So my defence was accepted on 4th of June(received email) but haven't heard anything from court since, shouldn't I receive some other forms to fill by now?