Highview Parking Court Claim - out of the blue

KeithP

digitaljeff said:

Hi and thanks,
The AoS was first sent on 01/04/22 but without acknowledgement, I called the court on 05/04/22 to check and they hadn't received it so resent it whilst on the phone to them which they then acknowledged they received it. 

If the Acknowledgment of Service was filed on 5th April, then I agree with @Coupon-mad - your Acknowledgment of Service was late.

Since 4pm on Monday 4th April the Claimant has been free to seek a Default Judgment against you.

If they seek that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

If you file a Defence before the Claimant actually seeks that Default Judgment, then you win this heat and go through to the next round.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Do not try and file a Defence via the MoneyClaimOnline website. From now on the MCOL website should be treated as 'read only'.

It really would be good if you were to look at your Claim History on the MoneyClaimOnline website to see whether you already have a Default Judgment against you or not. The Important Note box on your Claim Form tells you how to do that.

digitaljeff

Yes, the court told me on the 5th April I got it in before them... it should have been submitted on the 4th but still I got the AoS in and acknowledged on the 5th before them. So they said I had the 28 days.

digitaljeff

Can I simply put the following for my defence or is this not enough, if not enough I really don't know what to write after reading so much... I can write about Halfords asking me to wait but doesn't that mean I'm stating I'm the driver???

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant was not the only user of the vehicle in question on an unremarkable date over 5 and a half 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 £329.40 (inclusive of £35 Court Fee & £50 Legal representative's costs). This relates to a PCN that was issued for the alleged offence over five and a half years ago on 09/09/2016 at Silkbridge Retail Park.

4. The Defendant has submitted Subject Access Request (SAR) to Highview Parking Limited and is awaiting for the SAR report.

KeithP

digitaljeff said:

 I can write about Halfords asking me to wait but doesn't that mean I'm stating I'm the driver???

No. Is there more than one seat in your car?  

You could write about Halfords asking the driver to wait, couldn't you?

Coupon-mad

Hmmm, maybe better in this case to admit to driving but make the point that this was not a single parking event, because the car was there to have some mechanical attention.   The car was not parked in a bay the whole time.  For at least 20(?) minutes, xxxxxx was being fitted by Halfords.  This cannot be counted as part of a single period of parking.


  
...or have I misunderstood and it wasn't something being fitted to the car?

digitaljeff

ahh ha got it... thanks, yes more than one seat
and as I said, today I also went to Halfords and he actually did say that if I found the receipt the reason would be 'I was asked to wait' by them. He also confirmed that that happens often.

I'm just adding this to the defence, I'll post it in a few mins... thanks again

digitaljeff

OK, how about this:
 

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant was not the only user of the vehicle in question on an unremarkable date over 5 and a half years ago. 

3A.  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 £329.40 (inclusive of £35 Court Fee & £50 Legal representative's costs). This relates to a PCN that was issued for the alleged offence over five and a half years ago on 09/09/2016 at Silkbridge Retail Park.

3B. The Defendant has submitted Subject Access Request (SAR) to Highview Parking Limited and is awaiting for the SAR report.

3C. The defendant is a customer of Halfords at the retail park and was awaiting a fitting service and 'told' to wait by Halfords for the fitting to the car.

3D. The Defendant has felt harassed throughout having first heard about this parking charge by post months, if not years, after the date given on the claim form along with anxiety from the fear of the debt collectors demands and knocking on the door.

digitaljeff

Do I need to add this also... or does this bit not belong in my defence (sorry I don't understand that bit)

3E. The Defendant believes that the Notice to Keeper was not compliant with the Protection of Freedoms Act 2012 (‘PoFA’), and therefore incapable of holding the keeper liable with the ‘keeper liability’ requirements set out in the ('PoFA'), Schedule 4.

Le_Kirk

You need to read the Notice to Keeper and check the wording and see if it complies with POFA.  The NEWBIE sticky first post tells you how to check.  If it is compliant then all the bit about driver/non-driver is irrelevant.  As @Coupon-mad wrote, in this case it is probably best to admit to being the driver as you can then give the judge (when it comes to the hearing) an honest first person account of the incident and the fact that you were told to wait (promissory estoppel (ask Auntie Google)) by one of the retail units on the parking area.  Regarding the non receipt, it is not surprising after all the time that has elapsed that you have discarded any receipt but, if you paid by debit or credit card might you have some record of the transaction?

digitaljeff

Morning all, I just spoke with the County Court and they confirmed the cut off day is 18th April (28 days + the 5  days after the issue date), but as mentioned above, they will be closed for Bank Holiday, and as they do if any date falls over a weekend,  they would continue the following day, the 19th April.

phewww panic over (for now)

Actually I don't have the NTK or any other letter from them, only a DCBL demand and the Claim Form.