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Court Claim Form - Guidance to fill in Defence Template

24

Comments

  • Bikothomse
    Bikothomse Posts: 19 Forumite
    10 Posts
    I was taking to my partner and they reminded me that we had moved in 2018.

    The PCN would have been issued at our old address in 2016 but we moved in 2018.
    My confusion came about because the paperwork starting arriving at our new address(don't know how), so I thought it had always been issued at our new address.

    Can I also use moving homes as defence?
    If so I'll start looking up details on the Forum.

    Thanks

    B




  • Bikothomse
    Bikothomse Posts: 19 Forumite
    10 Posts
    So far we have done (with your help - thank you)
    1. Acknowledge of Service 'AOS'
    2. Subject Access Request (SAR) to following:
        Highview Parking
        DVLA for V5C

    From reading SAR info.
    3. Letter sent to DCB Legal Ltd. Ref: seeking debt advice but denying any debt and the case must be put 'on hold'.

    Next to do:
    Compile Defence, have it checked by Forum here and upload to CCBCAQ@Justice.gov.uk during office hours ensuring we get reply.

    Please advise if we need to do anything else?
  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No:
    3. Letter sent to DCB Legal Ltd. Ref: seeking debt advice but denying any debt and the case must be put 'on hold'.

    That's for LBC stage only.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Bikothomse
    Bikothomse Posts: 19 Forumite
    10 Posts
    Hi Coupon-Mad,

    Please see defence below, thank you taking time to read and advise.

    2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was or was not driving on that unremarkable day, over five years ago.

    3.  The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant Highview Parking Limited for a Total amount of £325.48 (inclusive of £35 Court Fee & £50 Legal representative's costs). This relates to a PCN that was issued for the alleged offence over five years ago on XX Month 2016 at The Stadium Retail Park Wembley.

    4. The Defendant has submitted Subject Access Request (SAR) to Highview Parking Limited who have acknowledged request and DVLA.  The Defendant is awaiting SAR reports from both.

    Do I need to add/change anything?
    When corrected/finalised and it has been submitted, can I resubmit when I have details from SAR or have new evidence?

    Thank you

    B

  • Bikothomse
    Bikothomse Posts: 19 Forumite
    10 Posts
    Hi,

    Can I use the following case and Claim Number for my defence?


    PCN issued at the same place but in December 2016.

    Thanks

    B

  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In what way would you use it?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Bikothomse
    Bikothomse Posts: 19 Forumite
    10 Posts
    In what way would you use it?
    The info on entrance showing lack of clear and prominent signage in June 2016.

  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes you can mention that and later use photos at WS and evidence stage.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Bikothomse
    Bikothomse Posts: 19 Forumite
    10 Posts
    Yes you can mention that and later use photos at WS and evidence stage.
    Thank you
  • Bikothomse
    Bikothomse Posts: 19 Forumite
    10 Posts
    Does the defence above look ok to use?
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