Highview county court defence help please

Fruitcake

You send the defence to the CCBC by email when it is ready, before the filing deadline provided by KeithP. As a precaution, send it to the claimant as well as yourself.

Then you should go back to the 12 steps provided in the guide to court from the NEWBIES.

KeithP

sesabear said:

Coupon-mad said:

Yep. That'll do for this stage!

Thank you!

So to confirm I now send my defence as per this section of the newbies threads? and wait for the directions questionnaire? 
Just don't want to miss anything. 


If you have no access to a scanner, then put an electronic signature in it. When you are happy with it, your defence is to be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk but do to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached,
6. IMPORTANT - MAKE SURE YOU GET AN EMAIL ACKNOWLEDGEMENT BACK FROM THE CCBC!  After filing your Defence, there is more to do.

You really don't need to be quoting bits of the NEWBIES thread, or the Template Defence thread, back at us and asking if that's correct.

That is a waste of everyone's time.

sesabear

KeithP said:

sesabear said:

Coupon-mad said:

Yep. That'll do for this stage!

Thank you!

So to confirm I now send my defence as per this section of the newbies threads? and wait for the directions questionnaire? 
Just don't want to miss anything. 


If you have no access to a scanner, then put an electronic signature in it. When you are happy with it, your defence is to be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk but do to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached,
6. IMPORTANT - MAKE SURE YOU GET AN EMAIL ACKNOWLEDGEMENT BACK FROM THE CCBC!  After filing your Defence, there is more to do.

You really don't need to be quoting bits of the NEWBIES thread, or the Template Defence thread, back at us and asking if that's correct.

That is a waste of everyone's time.

I was just trying to show what bit I was looking at or next action I was taking to make sure if that was what I should be doing  (not if the wording itself was correct) I appreciate you know this inside out but for me its very daunting and confusing. I didn't want to get it wrong. I honestly thought this was for help, didn't think you'd say I'm wasting your time

pandapop88

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question on 26/07/2016, but liability is denied. It is not known who was the driver on 26/07/2016. Both the defendant and her partner at the time shared use of the car and neither can remember who was driving on that unremarkable day almost six 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 £285.90 (inclusive of £35 Court Fee & £50 Legal representative's costs). This relates to a PCN that was issued against the Defendant’s vehicle XXXXXX nearly six years ago on 26th July 2016 at Riverside Retail Park B. Where it is noted that the Claimant has elected not to comply with the 'keeper liability' requirements set out in the PoFA, Claimant has included a clear falsehood in their POC which were signed under a statement of truth by the Claimant's legal representative who should know (as the Claimant undoubtedly does) that it is untrue to state that the Defendant is 'liable as keeper'.  This can never be the case with a Highview Parking Limited claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition.  Not only does the POC include this misleading untruth, but the Claimant has also added an unidentified sum in false 'damages' to enhance the claims.  So sparse is their statement of case, that the Claimant has failed to even state any facts about the alleged breach or the amount of the parking charge that was on the signage, because it cannot have been over £100. Which then leads to the question, how does the Claimant arrive at the Amount Claimed for a total of £200.90. The Defendant has excluded the £35 Court Fee & £50 Legal representative's costs from the total amount for the purposes of this defence point. 

pandapop88

pandapop88 said:

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question on 26/07/2016, but liability is denied. It is not known who was the driver on 26/07/2016. Both the defendant and her partner at the time shared use of the car and neither can remember who was driving on that unremarkable day almost six 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 £285.90 (inclusive of £35 Court Fee & £50 Legal representative's costs). This relates to a PCN that was issued against the Defendant’s vehicle XXXXXX nearly six years ago on 26th July 2016 at Riverside Retail Park B. Where it is noted that the Claimant has elected not to comply with the 'keeper liability' requirements set out in the PoFA, Claimant has included a clear falsehood in their POC which were signed under a statement of truth by the Claimant's legal representative who should know (as the Claimant undoubtedly does) that it is untrue to state that the Defendant is 'liable as keeper'.  This can never be the case with a Highview Parking Limited claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition.  Not only does the POC include this misleading untruth, but the Claimant has also added an unidentified sum in false 'damages' to enhance the claims.  So sparse is their statement of case, that the Claimant has failed to even state any facts about the alleged breach or the amount of the parking charge that was on the signage, because it cannot have been over £100. Which then leads to the question, how does the Claimant arrive at the Amount Claimed for a total of £200.90. The Defendant has excluded the £35 Court Fee & £50 Legal representative's costs from the total amount for the purposes of this defence point. 

Sorry I posted this in the wrong bit  

sesabear

I sent my defence through to the email listed in newbies thread yesterday but haven’t had an acknowledgment. Do you know how long this should take or do I need to resend? Thank you 

KeithP

sesabear said:

I sent my defence through to the email listed in newbies thread yesterday but haven’t had an acknowledgment. Do you know how long this should take or do I need to resend? Thank you 

Hopefully you mean you sent it to the email address listed in the opening post of the template defence thread.

You should've received an automated email response. Perhaps check you spam folder.

People have reported problems in this area and the solution appears to be to resend your Defence during working hours.

sesabear

KeithP said:

sesabear said:

I sent my defence through to the email listed in newbies thread yesterday but haven’t had an acknowledgment. Do you know how long this should take or do I need to resend? Thank you 

Hopefully you mean you sent it to the email address listed in the opening post of the template defence thread.

You should've received an automated email response. Perhaps check you spam folder.

People have reported problems in this area and the solution appears to be to resend your Defence during working hours.

Yes I sent it to CCBCAQ@justice.gov.uk yesterday around 11am so working hours but nothing back or in junk mail. I’ll try resend again. Thank you 

sesabear

I’ve resent again today and this time had an acknowledgment back 👍🏼

sesabear

I have completed the DQ form, can I scan and email back (same as defence) or does this have to be posted to the court and claimant?

Thank you