Highview Parking court claim

Coupon-mad

You are still 'candled'!

Le_Kirk

You left your VRM visible in the post ere 2 February at 8:31PM, whilst I note you have changed it in your edited version!  Obviously make sure you change it back before you send your defence to CCBC.  Also note that every paragraph requires a number.

thomson_adam

Hello Guys 
final edit , do the paragraph numbers look ok.

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

2.   The facts as known to the Defendant:

The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant Highview Parking Limited for a Total amount of £511.40 (inclusive of £50 Court Fee & £50.00 Legal representative’s costs). Through research the Defendant has come to understand that this relates to two PCN’S Parking Charge Notices (PCNs) that have been issued against the Defendants vehicle  ........... at Buzz Bingo Leicester

 

2.2  It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied.

3.   Signs on location were not able to be seen and understood upon entry when a “contract” was deemed, by the claimant, to be formed

 

3.1  Signs with small print, without reflective backing or illumination, located in hard to see locations are not suitable for reading whilst in safe control of a vehicle.

 

3.2  As this is a retail park there are many different companies in this location it is very difficult to determine which carpark belongs to which premises premise.

 

3.3  The Defendant's vehicle was recorded on the 22/06/2019 duration 03:40:19 and 19/07/2019 duration 00:43:14. The signage does not state maximum duration, it only mentions that the car park is for buzz bingo customers.

 

3.4  Not once has the claimant asked the defendant is he/she was a buzz bingo customer and issued a parking fine on an assumption that the defendant was not.

 

3.5  The defendant has spoken to the branch manager who has requested both PCNs be cancelled via email. 

Le_Kirk

3.2  As this is a retail park there are many different companies in this location it is very difficult to determine which carpark belongs to which premises premise.

You note that the claimant has not asked if you were a customer of buzz bingo but how is this a defence point?  It might be if you aver that you WERE a customer and therefore de facto authorised to park there.

thomson_adam

she was not a customer , shall i remove this point 

KeithP

Perhaps your para 3.5 could be better worded - 'cancelled by email' or 'requested by email'?
Who is 'the branch manager'?

Maybe something like...
3.5  The defendant has spoken to the Buzz Bingo branch manager who has requested by email to the Claimant that both PCNs be cancelled. 

Le_Kirk

thomson_adam said:

she was not a customer , shall i remove this point 

All I am saying is what will you answer if the judge asks the point of that comment and how it makes it OK to park there?  Just being devil's advocate here.

thomson_adam

i think you are right , i will get her to remove it 

thomson_adam

Hello all
My partner has received a letter form DCB legal who represent high view parking.

they have stated that their client intends to proceed with the claim but they may be willing to settle if she calls within 7 days

if not the court will contact both parties with a questionnaire


does my partner fill in the questionnaire and post it or is this online ? Is it worth a call to see what they are willing to settle too  

KeithP

thomson_adam said:

Hello all
My partner has received a letter form DCB legal who represent high view parking.

they have stated that their client intends to proceed with the claim but they may be willing to settle if she calls within 7 days

if not the court will contact both parties with a questionnaire

You were expecting that, weren't you?

Item 7 on that list you were following when you filed a Defence says...

thomson_adam said:

does my partner fill in the questionnaire and post it or is this online ?

Items 8, 9 and 10 of that very same list answer those questions.

Rarely do we see a new question here.