Help - Highview Parking County Court Claim

acefromspace7878

Hi, 

This week I received a Claim form from Highview Parking with DCB acting as their legal agent. Its for an outstanding parking charge dating back to 23/04/2016.  

The Claim Issue date is 01.04.22. 

The claim amount = £288.72

So far, I have sent my AOS via the money claim website and sent an email to the DPO of the claimer to request all details held about me and this incident. I actually copied the suggestion template of what to request from another similar thread. 

My next move is to prepare my defence; is this correct? 

Many thanks


I came across this forum when looking for examples of similar claims. 

(Images removed by Forum Team)

KeithP

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

Yes but this is so sad and unnecessary.  Frustrating to see people ignore the LBC for 2016 cases!  You could have stopped this last month and never got a claim.

Like this one:

https://forums.moneysavingexpert.com/discussion/comment/79122688/#Comment_79122688

The Limitation Period for small claim is 6 years.   No claim could have been filed against you after 23.4.2022.

Too late now.  Just sad for us regulars to keep seeing people rock up here late, and having to rescue you with a court defence and that whole time-consuming process, because we could have helped you avoid this claim completely.

May be wrong but (as per that case) I assume that you received (and failed to respond to) a LBC earlier this spring.

If so, had you come here then, you would have been coached through certain things to respond with at certain carefully calculated deadlines, that would have taken the case safely past 23rd April.

Never mind.  You can literally copy the defence from any current Highview thread.  They are all about years-old meritless charges!

acefromspace7878

KeithP said:

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi Keith - it was 07.04.22

go-on-then

Your personal details need removing from the shots asap.  Reg no etc etc...

KeithP

acefromspace7878 said:

KeithP said:

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi Keith - it was 07.04.22

With a Claim Issue Date of 1st April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 4th May 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

acefromspace7878

Thanks - awaiting the SAR reply. 

But giving my defence some thought and have copied the template from the link above into a word document. 
This claim was nearly 6 years ago and I really don't remember a lot about it. 

Is this line sufficient for point 3 or should I add more?

3 I cannot recall who was driving on an unremarkable day 6 years ago

Fruitcake

You need to describe the type of car park, either from memory or from research/visits, such as pay and display, free, free for a time then pay, hospital, residential, retail etcetera.
What the driver was doing if known, and definitely that they were authorised to park.

If more than one person had use of the car, then say so. If multiple people were named on the insurance, then say so and provide proof at the WS/exhibits stage.
If you know for certain you were not driving, then say so.
All of this to back up why you can't remember who was driving on an unremarkable day 6 years ago.

The NTK will have been non-PoFA compliant, so you need to state that, any why the keeper cannot be held liable. State with which parts of the PoFA the claimant failed to comply.
Para 8 (2) f or 9 (2) f for example.

acefromspace7878

Thanks - I have copied the template which includes all other parts. 

I have added to point 3 

3 I cannot recall who was driving on an unremarkable day 6 years ago. From research into the location of the claim, the car park allows free parking for a period as it’s on a retail shopping park. The vehicle was also insured for multiple drivers at the time, and I no longer own the vehicle or have any paperwork relating to the vehicle.

Fruitcake

Have you said anything about the NTK being non-PoFA complaint? You need to because Highview did not use PoFA complaint NTKs six years ago, so the keeper can never be held liable.

Coupon-mad

Just copy one someone already wrote on any Highview claim thread.  Read a few.  They all have fuller wording and include the POFA point.