Claim Form

Jerm9218

Hi all, 

I received a PCN in 2016 and possibly (?) stupidly, ignored the letters. They stopped after a while but started receiving some again and have now received a Claim form dated 16th Feb 2022. 

As I ignored the previous correspondence I have zero evidence of what it is they are claiming I did wrong - from memory, I think I didn't pay for a ticket, and I stayed a very short period of time but I have no idea now on the duration of stay. 

Is it too late at this stage for me to send a SAR to the company is I have more info? 

I'm happy to fight it and go to court if necessary but currently I have very little defence as I am unsure what it is that is being alleged. 

Any advice would be appreciated. 

Many thanks. 

KeithP

Hello and welcome.

Yes, send a Subject Access Request to the parking company asking for all the information they have about you and the parking incident.

Who is the parking company?

With a Claim Issue Date of 16th February, you have until Monday 7th March to file an Acknowledgment of Service but 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 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'.

Jerm9218

Thank you for your response, very much appreciated. 

It is Highview Parking LTD, who I believe are now known as Nexus. I will send the SAR today. Should I wait until I have the info from them before filing the acknowledgement? 

Many thanks.

Jerm9218

Also unsure if worth noting, they are addressing the letters to my maiden name, I am now married and have been for the last four years - I presume this will not affect anything and they will be able to provide relevant information, etc? I no longer have the vehicle in question either. 

KeithP

Jerm9218 said:

I will send the SAR today. Should I wait until I have the info from them before filing the acknowledgement? 

No.

As I said earlier...

KeithP said:

...you have until Monday 7th March to file an Acknowledgment of Service but there is nothing to be gained by delaying it.

Le_Kirk

Jerm9218 said:

Thank you for your response, very much appreciated. 

It is Highview Parking LTD, who I believe are now known as Nexus. I will send the SAR today. Should I wait until I have the info from them before filing the acknowledgement? 

Many thanks.

Anyone in receipt of a SAR has 30 days to respond to you, so do the AoS to gain your extra time as suggested by @KeithP

Jerm9218

I've had an e-mail response from the company asking for more info with a form of their own production attached. Also asking for a form of ID. I am cautious about what I should provide, I don't want to mess anything up but presumably this is standard stuff they want. Sorry if this info is elsewhere.

Coupon-mad

Just nothing with photo ID and never fill in Group Nexus' awful SAR form that tries to make people say who was driving.

You can read shedloads of other threads ahead of you (copy from them!) by searching for 'Highview' or 'Nexus' as keyword and selecting 'discussions' then 'newest'.

Jerm9218

Thank you for the info. I just replied following a linked paged in one of the other threads. I sent a utility bill and told them I would under no circumstances send any private ID. I didn’t fill out their form and they’ve found my details from what I provided, so just waiting for it to come through now. 

Jerm9218

Hi all, 
I am still fairly early on in my journey with this and jut following the newbies thread step by step. I have copied and pasted the defence draft to edit for myself. I'm just a bit unsure where to start with the point I have to enter myself. How much detail do I need at this stage? Is it just bare minimum and save all the details for the witness statement?I'm a bit confused and really don't want to get this wrong. Many thanks. 

Coupon-mad

It's fairly minimal to set the scene about the car park and event snd what business the driver had there.

i am concerned you may have missed the great news in February about the new statutory Code of Practice, which was published and is very useful.  You need to know about it.

I've created a new paragraph 4 onwards to replace the template defence:

https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299

Debt recovery 'cost/fees' are now banned from being added to parking charges, and that new wording explains to a Judge why that is relevant for existing cases, too.

Also read the whole new DLUHC Code of Practice because it covers all the usual points and issues, and states the best practice position.

Not retrospective but you can use it in a WS later on, to effectively say 'Here's what a professional parking firm should have done'.