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Highview Parking - Court Claim - Advice

KWT2021
KWT2021 Posts: 19 Forumite
10 Posts Name Dropper
Hi,
I have received a court claim from Highview Parking for x2 PCN's dating back to 2017. So far I have completed the AoS (today), and requested SAR's from Highview.
I don't remember the reason for the PCN's are they were so long ago and need this information to start my defence.  Is it likely that I will receive this in time to defend? I'm worried I won't have anything to back my corner without it.
«1345

Comments

  • Le_Kirk
    Le_Kirk Posts: 25,138 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What is the issue date of the court claim?  If you post that date, @KeithP will be along to tell you how long you have to submit your defence.  It is unlikely that you will receive the data from your SAR in time as companies have 30 days to respond to a SAR.  In the meantime, read the standard defence template.
  • Umkomaas
    Umkomaas Posts: 43,804 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    A SAR response is more useful at the Witness Statement stage (some months further in the year). Don't miss your deadline for submission of your Defence.  There is a template Defence already written for you on the forum thread list (one of the first 5 in the list), you just need to adjust a couple of paras to reflect your parking event. Whether you'll get the SAR response in time for that is probably unlikely, they have 30 days to reply, and as it's the least of their priorities, they will probably take every day possible. 

    You are also likely to be sent an earlier response asking you to confirm if you were the driver and seeking copies of your passport/driving licence, which will delay the process further, as you're likely going to have to raise a complaint with the ICO to clear the blockage. 

    If you give us the Date of Issue shown on the N1 claim, @KeithPwill be along soon to give you the date by when you need to submit your Defence as well as some other helpful pointers. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • KWT2021
    KWT2021 Posts: 19 Forumite
    10 Posts Name Dropper
    Le_Kirk said:
    What is the issue date of the court claim?  If you post that date, @KeithP will be along to tell you how long you have to submit your defence.  It is unlikely that you will receive the data from your SAR in time as companies have 30 days to respond to a SAR.  In the meantime, read the standard defence template.
    Great - issue date is 28th April, as mentioned the AoS and SAR request went over today. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The coupon mad defence template plus POFA are batting in your corner , do not ignore those 2 powerful tools at your disposal

    HIGHVIEW have never complied with that law , never !!
  • KWT2021
    KWT2021 Posts: 19 Forumite
    10 Posts Name Dropper
    Redx said:
    The coupon mad defence template plus POFA are batting in your corner , do not ignore those 2 powerful tools at your disposal

    HIGHVIEW have never complied with that law , never !!
    Just to check, i should use the TEMPLATE DEFENCE - NEW FROM OCTOBER 2020? Also is there somewhere you can point me to to read up on POFA? Is there a further action I need to take other than submitting my defence?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Correct

    Read the newbies FAQ sticky thread near the top of the forum , in announcements , for POFA

    Read this HIGHVIEW thread too , a long thread but honed to perfection

    https://forums.moneysavingexpert.com/discussion/6265348/dcb-legal-on-behalf-of-highview-parking-advice-on-defence-for-claim/p1

  • Le_Kirk
    Le_Kirk Posts: 25,138 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 10 May 2021 at 3:34PM
    If @KeithP doesn't post today (although I am sure he will), work on approx 1st June for filing your defence,.
  • KWT2021
    KWT2021 Posts: 19 Forumite
    10 Posts Name Dropper
    Hi all, thanks for the comments - really helpful. 
    I do have a question, I work for a financial services company and there are rules that with a CCJ you aren't able to continue employment with them. Is there any possibility that this may lead to me having a CCJ against me? 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I  very much doubt that  a Tribunal would support such a rule.    Many CCJs are  issued without the knowledge of the alleged debtor.  One only last week this one was

    https://www.independent.co.uk/news/uk/politics/boris-johnson-debt-court-unpaid-b1846181.html


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