HighView Parking LTD - County Court Claim 3 years after apparent PCN

warrensean

Hi

Just wondering if anyone could help me with a County Court Claim I have just received on behalf of Highview Parking.

Apparently back in 2018 I received a PCN, now I don't remember ever receiving the letter for this. The date I was fined was three days before I left the country to travel for two months. I have no idea where they would have sent the letter as I had no fixed abode at the time, the only place I can think of could have been an ex girlfriend parents but I have no idea. The claim states I agreed to pay the fine within 28 days, I really don't remember this at all, I wasn't even in the country for a couple of months and I have always been under the impression private parking fines didn't have to be paid ( I don't know whether that was a stupid notion but here we are). The fine is for £186.45 - amount claimed, £ 35 court fee, £ 50 legal rep meaning its a total of £ 271.45, which is a HELL of a lot of money to me right now. I only work one day a week and currently looking for full time work. However, I have managed to track down the original carpark sign which states the charge would be £ 95, so not sure why its gone up so much. 

I really want to contest this as I haven't received a letter until now,over 3 years later and I can't even remember the day it happened.

Is there anyone out there who could give me advice as I'm really struggling. Any help would be appreciated. Thanks.

PS: I am a blue badge holder but my badge had expired in 2018 so unsure whether this is relevant but thought it was worth mentioning.

Redx

Blue badge is irrelevant  , the driver definitely greed to the parking contract on the day due to leaving the vehicle parked , we all do wherever we park

Yes it was a stupid notion !!  Lol

HIGHVIEW cases always fail on POFA 2012 , so no keeper liability due to non compliance

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

Read the initial advice , plus read the newbies FAQ sticky thread near the top of the forum , especially post 2

Read the defence template thread near the top of the forum , both by coupon mad

Email a SAR to group Nexus , to their DPO , attaching copies of 2 recent redacted utility bills as proof of I D under the GDPR law , Plus also attach a copy of the claim form as well , to obtain all your data

Post the issue date from the claim form below too

beamerguy

So to confirm, you have a claim from Northampton 

Who issued the claim ...... DCBL I expect working for Highvview

If you did not get a ticket attached to your car then it will be an ANPR camera and the ticket sent to the address as per your V5C car registration document.  Therefore all correspndence has been sent to that address

What do you think happened with these letters, as now, they have your address to serve you a claim.  When did you inform the DVLA of your new address if you ever did ?

You have NOT been fined by the way, where did this happen ?

A charge of £186.45 for a parking ticket is a fake and we would like to see a breakdown of this, the claim form will tell you,

You have to help us with the full information please

Coupon-mad

Copy any defence from any Highview thread.  Also, read the NEWBIES thread to know what else will happen and when.

warrensean

Thank you for the advice guys! I really appreciate it! 

I have sent my defence to the CCBC AQ email in the thread. I'm worried I may be over my limit but not entirely sure. Issue date was 28.06.21, I acknowledged service on 01.07.21, and sent my defence today on 02.08.21. I have read the threads and from my understanding, it is 5 days after the issue date plus 33 days? If so, I may be ok. 

I am about to email a SAR to the nexus group. But have another question.. Since I have emailed my defence to CCBC AQ do I have to start defence via MCOL or do I leave that? I read somewhere on a thread to not start a defence via MCOL. Can you confirm this is correct?

Appreciate the help! 

warrensean

*issue date + 33 days which brings it to Saturday 31.07.21. I sent my defence today Monday 02.08.21. I read a post by Red X that a weekend cannot be a deadline so am I ok? 

Castle

warrensean said:

Thank you for the advice guys! I really appreciate it! 

I have sent my defence to the CCBC AQ email in the thread. I'm worried I may be over my limit but not entirely sure. Issue date was 28.06.21, I acknowledged service on 01.07.21, and sent my defence today on 02.08.21. I have read the threads and from my understanding, it is 5 days after the issue date plus 33 days? If so, I may be ok. 

I am about to email a SAR to the nexus group. But have another question.. Since I have emailed my defence to CCBC AQ do I have to start defence via MCOL or do I leave that? I read somewhere on a thread to not start a defence via MCOL. Can you confirm this is correct?

Appreciate the help! 

No; it's 28 days after service of the claim form, which you acknowledged to have been on 1st July. So, your deadline was 29th July; hopefully they didn't apply for a default judgment on the 30th.

warrensean

Castle said:

warrensean said:

Thank you for the advice guys! I really appreciate it! 

I have sent my defence to the CCBC AQ email in the thread. I'm worried I may be over my limit but not entirely sure. Issue date was 28.06.21, I acknowledged service on 01.07.21, and sent my defence today on 02.08.21. I have read the threads and from my understanding, it is 5 days after the issue date plus 33 days? If so, I may be ok. 

I am about to email a SAR to the nexus group. But have another question.. Since I have emailed my defence to CCBC AQ do I have to start defence via MCOL or do I leave that? I read somewhere on a thread to not start a defence via MCOL. Can you confirm this is correct?

Appreciate the help! 

No; it's 28 days after service of the claim form, which you acknowledged to have been on 1st July. So, your deadline was 29th July; hopefully they didn't apply for a default judgment on the 30th.

Fingers crossed!

Also, since I've emailed my defence to CCBC AQ, I shouldn't start a defence via MCOL? 

Redx

warrensean said:

Castle said:

warrensean said:

Thank you for the advice guys! I really appreciate it! 

I have sent my defence to the CCBC AQ email in the thread. I'm worried I may be over my limit but not entirely sure. Issue date was 28.06.21, I acknowledged service on 01.07.21, and sent my defence today on 02.08.21. I have read the threads and from my understanding, it is 5 days after the issue date plus 33 days? If so, I may be ok. 

I am about to email a SAR to the nexus group. But have another question.. Since I have emailed my defence to CCBC AQ do I have to start defence via MCOL or do I leave that? I read somewhere on a thread to not start a defence via MCOL. Can you confirm this is correct?

Appreciate the help! 

No; it's 28 days after service of the claim form, which you acknowledged to have been on 1st July. So, your deadline was 29th July; hopefully they didn't apply for a default judgment on the 30th.

Fingers crossed!

Also, since I've emailed my defence to CCBC AQ, I shouldn't start a defence via MCOL? 

Correct

You should be checking your claim history on MCOL to ensure that it is logged by the CCBC , no typing , just reading from now on ( on MCOL )

Also , you should have received an email auto receipt from the CCBC acknowledging receipt of the email too

Jenni_D

Did you get an auto-response from the CCBC?

Keep checking your MCOL history to see if/when it logs your defence as filed.

warrensean

Thanks, guys. I will keep checking it regularly 

Also, do I need to use a SAR template for an email to nexus group DPO or include any information ie. PCN number/vehicle registration?

Cheers