Highview Parking - defence

f1fan12

Hi,
I received my court letter last week, I will be acknowledging the claim on day five or just after. I have started to write up my defence based on the template of companies adding false admin costs but I'm struggling to word correctly. 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

 

KeithP

f1fan12 said:

I received my court letter last week, I will be acknowledging the claim on day five or just after.

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

f1fan12 said:

I have acknowledged that i was the driver...

How did that happen then... particularly as you tell us...

f1fan12 said:

I've ignored all letters to date...

f1fan12

Hi KeithP - issue date is 13th April. 

Fruitcake

Please answer all question asked by the regulars.

A defence should be written in the third person, so the claimant or the defendant, not, me, myself, or I.

f1fan12

When you say how did that happen then, I’m unsure what you mean ? 

I’ve only acknowledged I was the driver on my defence letter, nothing else, I’ve ignored all correspondence as I believed nothing would come of it. 

Fruitcake

Your post implied that the PPC already knows the identity of the driver even though you hadn't contacted them previously. What you actually mean is that you are going to admit to being the driver when you submit your defence. It's a shame you know who it was.

Highview PCNs were/are never PoFA compliant and incapable of holding the keeper liable.
If you were not the driver, or don't know who was driving, Highview could not hold the keeper liable. 
The advice to ignore has not been given here for nearly ten years. This could have been killed off at the time with a two stage appeal, but now you are stuck with a court case without this defence point.

If you are close to the six year anniversary, you might have been able to delay it long enough to avoid court, but now you have a claim against you it is too late for that as well.

Your para 3 needs to explain to the court what happened and why you are not liable. If you didn't know you had to pay, then the signs must have been inadequate. Either there were no signs to this effect, or no signs were visible. Warnings about changes to parking conditions must be advertised well in advance.
You should say that the site had been free with no restrictions, or whatever was applicable, on previous visits with no advanced warnings of forthcoming changes, and then state there were no signs visible to the defendant with the new parking conditions suitable brought to the attention of motorists.

Le_Kirk

@KeithP was asking how you managed to complete the AoS when you have, by your own post "I've ignored all letters to date" when you clearly have not ignored the claim form.  However, your defence, as well as being written in the third person needs to explain to the judge about the changing terms and conditions (without writing War & Peace) and stating that under the doctrine of Contra Proferentem as there are conflicting terms, those that suit the consumer (i.e. you) should be in place.  You then write the story of what happened on the day and subsequently (and even historically) in the witness statement.

Fruitcake

What happened when you complained to the landowner/retail park management company/managers and CEOs of stores visited?

Where and when did the alleged event occur? It may have cropped up here before.

Have a look on Google Streetview as there may be some historic images to show what the site and signage looked like at the time.

Was the car park pay and display, pay on exit, free for a period then pay? What was the reason for the PCN being issued?

Coupon-mad

f1fan12 said:

When you say how did that happen then, I’m unsure what you mean ? 

I’ve only acknowledged I was the driver on my defence letter, nothing else, I’ve ignored all correspondence as I believed nothing would come of it. 

You've already put a defence in?  What did it say?

KeithP

f1fan12 said:

Hi KeithP - issue date is 13th April. 

Normally I would now be offering you guidance on how to file a Defence, but it looks like you may have already filed a Defence.

Clarity is needed.

Have you filed a Defence? If so, when?

Have you filed an Acknowledgment of Service? If so, when? And did you file it online via the MCOL website or some other way?

f1fan12

KeithP said:

f1fan12 said:

Hi KeithP - issue date is 13th April. 

Normally I would now be offering you guidance on how to file a Defence, but it looks like you may have already filed a Defence.

Clarity is needed.

Have you filed a Defence? If so, when?

Have you filed an Acknowledgment of Service? If so, when? And did you file it online via the MCOL website or some other way?

No apologies the way I’ve worded my original question funny. 

I haven’t filed a defence yet

I haven’t filed an AOS yet, I plan on doing this tonight online, following the steps the other forum shows