Updated 08/03 - I won my case!

Fruitcake

It might be with contacting the claimant telling them what has happened, and that the court is dealing with it, so they must hold off any enforcement of the judgment.

RoseNarene

Fruitcake said:

It might be with contacting the claimant telling them what has happened, and that the court is dealing with it, so they must hold off any enforcement of the judgment.

Yes, I will try - not that they’ve responded to anything I’ve sent them so far!

the email from court referred to “the defendant’s directions questionnaire” rather than “your directions questionnaire” so I do wonder if it has been passed to the parking company too.  

RoseNarene

Hiya, just to keep you guys updated, I had notification from the court that the judgement was set aside because I DID file the questionnaire. I bet they loved having that put before them to sort out...

Apparently it's been sent to my local court now, so just gotta wait...

Grizebeck

Yes you will hear from them but it may be a few months

RoseNarene

I've had the witness statement from Highview. It includes an awful lot of stuff that I don't understand, and includes:
- pictures of the signage at the car park
- all the copies of the letters they sent me
And they have gone through each of the points in the first statement I wrote and addressed each of them, saying things like...
- they don't accept that they have caused any distress
- it's all my fault for ignoring the letters
- it wouldn't have gone this far (or caused me distress) if I hadn't ignored the letters
- the amount they are claiming isn't disproportionate
- the name change thing is my fault because it was my responsibility to keep my logbook up to date
- they reference the new Code of Practice and say that it is not law or current legislation
- that the person who wrote the letter (a lawyer) might not be present and an advocate might go to the hearing in her place, and they request I pay for that person

The only thing I've got in my defence really is...
- 2.5 hours isn't long enough
- I can prove I spent money on all or some of the occasions I parked
- one time I was there for over 4 hours, and I know for a fact that I would not have stayed that long; I would say the ANPR cameras messed up that day, perhaps I returned later? I honestly cannot remember, but I know I would NEVER stay that long as I have always known that car park has a time limit
- there's often loads of traffic getting out of that car park (as there's only one way in/out) and I have local newspaper articles referencing this issue
- I may have had my young children with me, one of whom had poor control over her bladder when she was younger (and the other was a baby) so this could easily have meant I overstayed by mistake
- I didn't get all the letters. One reason they were sent to the wrong address is because I was going through a messy divorce with domestic abuse (no police evidence, though) and my ex kept my logbook from me and didn't send me any letters when I was forced to move back to my parents, so I didn't get the logbook address changed 

I mean, this isn't in my defence but I know I ignored some letters, too. I thought that was what you were meant to do at the time.

I have read the template witness statements so not asking anyone to write anything for me!! Just any other advice on what to write really based on my specific circumstances.

Thanks!

Coupon-mad

Just copy the style of the WS bundles by

@aphex007

@SJRRJS

What is your deadline?

Is there still more than one claim (and I mean court claim, not PCN) against you, or have they all been consolidated by the courts into one hearing?

How many PCNs?

RoseNarene

Coupon-mad said:

Just copy the style of the WS bundles by

@aphex007

@SJRRJS

What is your deadline?

Is there still more than one claim (and I mean court claim, not PCN) against you, or have they all been consolidated by the courts into one hearing?

How many PCNs?

There are 2 PCNs on the current claim (deadline 21/02). 

I honestly do not know what's going on with the other claim (which had 1 PCN on it). I haven't heard anything since I got the CCJ, which is still on my record; Northampton said they had forwarded it to Norwich, but Norwich have now said they know nothing about it. I'm still trying to chase it up. So no, I guess they have not been consolidated into one hearing!

Coupon-mad

That is unacceptable re the CCJ one. Email a formal complaint about the CCJ mess up circumstances to the Customer Investigations team that paid out £150 in compensation to @jag_run

https://forums.moneysavingexpert.com/discussion/comment/79849685#Comment_79849685

RoseNarene

Coupon-mad said:

That is unacceptable re the CCJ one. Email a formal complaint about the CCJ mess up circumstances to the Customer Investigations team that paid out £150 in compensation to @jag_run

https://forums.moneysavingexpert.com/discussion/comment/79849685#Comment_79849685

I know - that one has been a mess from the start. Thank you. Shall I come back here later for you to look at my defence once I've written it please?

Coupon-mad

Nope - but we'll happily check your WS bundle!