Claim Form Received

Le_Kirk

What does it state in the particulars of claim on your N1SDT form?  That should fix the date for you and if it is 2016, then check the dates carefully as it may be statute barred by the 6-year rule.  If it is not out of date then you have a partial defence in that "if the claimant has waited six years to proceed, how do they expect people to remember what happened on an unremarkable day nearly six years ago?

ppjj29

D_P_Dance said:

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?

Just referring back to my previous point - could DCB make reference to my initial appeal that has a different defence? I don't want to end up being seen to be lying. 

ppjj29

Le_Kirk said:

What does it state in the particulars of claim on your N1SDT form?  That should fix the date for you and if it is 2016, then check the dates carefully as it may be statute barred by the 6-year rule.  If it is not out of date then you have a partial defence in that "if the claimant has waited six years to proceed, how do they expect people to remember what happened on an unremarkable day nearly six years ago?

Sorry, just saw this post. 

It isn't statute barred as it is within the 6 years. What would you think is the strongest defence to go with at this point? I cannot remember if my initial appeal 5.5 years ago was accurate.

There was definitely construction work taking place at the time (I have photos still to prove it). Just not sure whether standing by my initial appeal will land in me in trouble if DCB have evidence to the contrary. 

Le_Kirk

If you have submitted a SAR to the parking company, you should have received ALL the data they have about you, your car and the PCN/NTK and any appeals, therefore you should have the same info as DCB.  If you firmly believe what you are going to say about the construction work, then go with that.  It is up to the claimant to prove their case, not for you to do it for them and it is up to the judge whom he believes on the day.

ppjj29

Thank you. I may try a SAR request, hoping it will come back in time. 

I really can't remember whether the construction work blocking the exit was accurate. Can barely remember what I had for dinner last night!

If I say that the signs were unreadable due to the construction works at the time, would they be able to refer to my original appeal and make out like I have changed my story? Or will the judge take the facts as they are presented on the day?

Thanks. 

Umkomaas

The claimant may produce anything they have to help their case, we can't predict what they will produce. A SAR will elicit everything they have about you, including your appeal. It will be much more useful at the Witness Statement stage rather than the Defence stage. Your Defence is all but written for you in the template in the Announcement, so you don't have to get involved in the minutiae of things like signage, landowner contract etc at this stage, leave that for the WS, probably months away from now.

But let's try to get some sense of proportion here. We have seen dozens of Highview/DCBL claims from eons ago coming out of the woodwork of late. Having previously never made a private parking court claim in their lives, I suspect they've fallen to the lure of the 'no win, no fee' from DCBL, coupled with the profit-slashing low incidence of PCNs due to little motoring activity during Covid and lockdowns for them to get involved in this lates stunt. 

We have still to see a real court hearing involving HV - to my knowledge none have materialised from this latest activity. But what we have seen is DCBL's huffing and puffing rapidly turning into a cowardly discontinuation when the motorist fights back. But you do have to jump through every hoop rolled your way in order to reach a point when a discontinuation might ensue. 

We can't guarantee anything, but my hunch would be that if you play the game, a discontinuation is very possible. 

ppjj29

That's very useful, thank you. Like I said I am more than happy to fight this. I have had involvement on both sides of the small claims process in my job so not afraid to get my hands dirty!

I have had some back and forth contact with the parking company over the past few years. Is there anyone I can privately email or message more details to who can provide some advice? I am just a bit concerned that I could have dropped myself in it at some point!

Thanks. 

KeithP

ppjj29 said:

Is there anyone I can privately email or message more details to who can provide some advice?

Now that you have asked for someone to help you via PM, be wary of who responds and of the advice you may be given.

We know the private parking companies scour this forum just looking for people to trip themselves up and it is quite possible they could lead you down the metaphorical 'garden path'.

My suggestion is that you keep all discussion on the open forum. That way if anyone gives you dubious advice, it is almost certain that others will be quick to correct them. Obviously that cannot happen in a PM environment.

ppjj29

Noted!

I have made a start on the defence (I like to be prepared!). Would the below be sufficient?

The facts as known to the Defendant:

2.   It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is also admitted that the Defendant was the driver of the vehicle in question at the time of the alleged contravention.  

3.   The alleged contravention was over five years ago so it is difficult to remember the complete facts, however it is known that the Defendant did park in the stated car park on the alleged date of the contravention. It is also known that there were major construction/building works going on at the time of the alleged contravention. These construction works at the time did affect the flow of traffic in the car park and also severely affected visibility of the car park terms and conditions signs. 

I plan on going into further detail in the Witness Statement with the following:

• Photographs of the construction work
• Making it known that I had received no responses to my initial appeal and follow-up email in April 2020
• Explaining that I cannot remember the full facts relating to my initial appeal, however I am certain that there were construction works taking place and traffic flow was impacted, along with visibility of the car park signs

Thanks.

Le_Kirk

ppjj29 said:

2.   It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. It is also admitted that the Defendant was the driver of the vehicle in question at the time of the alleged contravention.  

3.   The alleged contravention event was over five years ago so it is difficult to remember the complete facts, however it is known that the Defendant did park in the stated car park on the alleged date of the contravention event. It is also known that there were major construction/building works going on at the time of the alleged contravention event. These construction works at the time did affect the flow of traffic in the car park and also severely affected visibility of the car park terms and conditions signs. 

I plan on going into further detail in the Witness Statement with the following:

• Photographs of the construction work
• Making it known that I had received no responses to my initial appeal and follow-up email in April 2020
• Explaining that I cannot remember the full facts relating to my initial appeal, however I am certain that there were construction works taking place and traffic flow was impacted, along with visibility of the car park signs

Thanks.

Just condense your paragraph 1 as shown.  It is good that you will add evidence to back up your defence in your witness statement.