Received a letter from court.

TM74

It's a county court letter based in Northampton probably a centre that does them all saying the claimant ( Highview parking ) has instructed DCB LEGAL for recover their monies outstanding against ( name removed) 

( name removed) will fight this, just need guidance plz....issue date is 16th - what do I need to do now plz .

Thank you .

Fruitcake

Read the guide to court written by bargepole that you will find in the second post of the sticky Announcement for NEWBIES. This is a step by step guide from LBC to the court hearing.

Plan A is always a landowner complaint with a request to cancel.

Please tell us the issue date on the claim form. This will help the regulars to give you some important dates in your calendar.

Please also tell us where the alleged event occurred and when. (It may have cropped up here before)
Tell us the reason the PCN was issued, and what the keeper did about it.

At this stage, do not reveal the driver's identity to anyone. If your username gives a clue as to who that might be, you could ask a board guide (soolin or savvy) to change it for you.

Acronyms and abbreviations common to this forum can be found in the fifth post of the NEWBIES.

TM74

Date of issue on the claim form is 16th Feb 22'.

Alleged event occurred on 13/11/16.

It Alleged that a vehicle was parked in the car park and went over the period of stay allowed in it.

The Keeper has not contacted this company as it appeared to initially be a hoax letter, after however, the keeper called the company to let them know the vehicle was sold and asked for dates to be confirmed...nothing was received by post.

Allegedly this incident took place late at night where no cars were parked and lights were off so no signs could have been seen, it is also Alleged that said vehicle had a flat battery and had to be started using a booster pack therefore taking time because of a vehicle breakdown emergency/situation.

Can soolin or savvy change my username to TM74 plz.

Thanks . TM74

Fruitcake

You need to contact the board guides yourself.

If you have not already done so, you need to complete the AoS asap to give yourself the maximum time to create a defence.

There is a 95% ready written defence template in one of the other sticky Announcements. You only need to amend paragraphs 2 and 3, and then post them here for checking before submitting the whole defence by email.

I believe that Highview did not use PoFA wording on their NTKs five years ago, so cannot hold the keeper liable. This really only helps if the keeper was not the driver because the judge may ask the defendant if they were driving, and a truthful answer must be given.

If the vehicle was broken down then a frustration of contract will have occurred. It was impossible for the driver to comply with the parking contract terms displayed on the signage.
This is covered by Judge Harris in the Jopson vs Homeguard case (transcript available online) where he said around para 19 or 20 that attending to a small vicissitude such as a flat tyre is not parking. I would suggest a flat battery is indeed tending to a small vicissitude. This was an appeal court case so is persuasive on the lower courts.

TM74

Can you suggest how I do a AOP ? Is it online or do I just send it off what I've received also the date of issue how long does that but me to do a defence again ? 

P.s No idea how to contact board mods navigating this forum is a little confusing 😐 

Fruitcake

AoS is done online. The claim form should tell you how, as should the guide to court in the second post of the NEWBIES. You will need to create a Government Gateway. There should be information including a password to use in order to access it on the claim form. Keep that info safe and secure. 

If you do the AoS in a timely manner, you should have 33 days to submit a defence from the date of issue. However, the AoS must be done within 14 days of the date of service, which is assumed to be five days after the date of issue, but there is no advantage in waiting, and major disadvantages by waiting too long.

Use the search facility and type in the board guide's name. This will bring up a list of posts. Open up any one where the board guide has posted and click on their username. You will then see a "Message" button.

Jenni_D

You login to MCOL using the details on the claim form. There's an option there to do the AOS. Instructions on how to complete this are in the post previously referred to above - the key is that you DO NOT PUT ANYTHING AT ALL IN THE DEFENCE BOX on MCOL; if you do then that will be taken as YOUR ENTIRE DEFENCE.

Do the AOS tonight or tomorrow. This will mean it has been done in good time, and should give you until 4pm on Wed 20-Mar-22 in which to file your defence by email.

I'm sure @KeithP will be along to correct any errors I may have made.

Edit: I think you need to email the forum team ( forumteam@moneysavingexpert.com ?) to get your username changed.

KeithP

OP, if you want to get your forum username changed to something completely anonymous, follow this item from the Forum's FAQs:

Can I change my username?

In most circumstances, we don't allow this.

The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.

KeithP

taximark said:

Date of issue on the claim form is 16th Feb 22'.

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 over three 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'.

TM74

Thanks all AoS done.

I'm trying to request a SAR however, I'm having difficulty finding the correct email address, the only one I can find is mail@highviewparking.co.uk which is just bouncing them back to me.

Does anyone know another email address for this company? 

Thanks again .

KeithP

TM74 said:

I'm trying to request a SAR however, I'm having difficulty finding the correct email address, the only one I can find is mail@highviewparking.co.uk which is just bouncing them back to me.

Does anyone know another email address for this company? 

In the second post of the NEWBIES thread it says...

...and that does work for Highview too...