Claim Form Received

ppjj29

Hi,

I posted a couple of years ago about getting chased by Highview Parking for a ticket dating back to 2016. 

They (DCB) have now sent through a CCJ (received today). There is an amount claimed, court fee and legal reps cost. Looking through my previous emails, I sent an appeal back in 2016 when the ticket was issued where I stated that I couldn't leave the car park due to construction work so overstayed the time limit. I attached images of the construction work too. The problem is, with it being so long ago, I can't actually remember whether this was the case or if it was a knee-jerk attempt to try and get the ticket cancelled. 

What would be the best course of action in this situation? I am more than happy to try and fight the case as I dislike the whole private parking industry, having been fleeced by them previously. 

Any advice would be great.

Thanks

KeithP

Have you really received a County Court Judgment, or have you perhaps received a County Court Claim?

If you have a County Court Claim Form, then please tell us the Issue Date on it.

ppjj29

Apologies, it is the claim form N1SDT.

Issue date is 16th Feb 2022. 

KeithP

ppjj29 said:

Apologies, it is the claim form N1SDT.

Issue date is 16th Feb 2022. 

Then please edit your thread title as soon as you are able.
This thread is nothing to do with any Judgment and other people trying to help you will be misled.

With a Claim Issue Date of 16th February, you have until Monday 7th March to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 19th February, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 21st March 2022 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

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

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

ppjj29

Thank you for the information, very useful.

Where is the best place to get guidance regarding the defence? As I said I cannot remember whether the appeal was true, so if I use that as my defence, Highview could have evidence proving my defence isn't true which could land me in trouble?

KeithP

ppjj29 said:

Where is the best place to get guidance regarding the defence?

I'm sorry... I don't understand.

Please read again my earlier post.
In particular, this bit...

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

I gave you a link to the second post of the NEWBIES thread.

ppjj29

Hi,

Yes I've had a look at that. Just wondering where to get specific advice if needed - should I post in that thread or this?

Thanks.

KeithP

ppjj29 said:

Hi,

Yes I've had a look at that. Just wondering where to get specific advice if needed - should I post in that thread or this?

Thanks.

If you have further questions then please post them on this thread.
All discussion about this one parking incident should be confined to this thread.

But please study that NEWBIES post carefully, and the template Defence thread linked from there, as hopefully you will find that most of your questions have already been answered.

ppjj29

Thank you. I have read through them posts, all seems fairly straightforward.

The bit that concerns me is this:

Statement of Truth

I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

I cannot remember whether my original appeal reason was true or not. I still have a copy of the appeal and images in a Word doc. Could I then state in my defence that I cannot remember whether the car park exit was blocked, however I looked out the window of the establishment I was visiting and noticed the construction work and believed the exit was blocked? 

Or could they then refer back to my original appeal (if they have it) which states that it was blocked (unsure if true)? They could have CCTV evidence or images showing that the exit wasn't blocked (if it wasn't).

Thanks.

ppjj29

Another thought:

Could I say in my defence that I was unable to see the signage due to the construction works, therefore was unable to agree to any terms/contract etc. Then if DCB argue that my initial appeal stated the reason was that I said I was locked in the carpark, I can say that I don't remember writing that appeal and do not remember if the car park exit was blocked, therefore I do not wish to use that as a defence.

Could that work? I just don't want to be lying. 

Thanks.

D_P_Dance

Could I say in my defence that I was unable to see the signage due to the construction works,

Of course you can.  Have you complained to your MP?