Highview Parking - Claim Form

deejaybenji

Hi all,

Had a nice claim form arrive through the door Saturday for a fine from 25/03/2018, for overstaying the maximum time, something I wasn't aware was even a thing and even more so on a Sunday when all the shops were closed. I'd worked in the Halfords & Curry's stores multiple times when I worked for another company which required me to be parked on the same retail site all day and never had to give reg details etc or received fines for ANPR. 

Amount Claimed: £228
Court Fee: £35 
Legal Costs - £50 
Total - £313.04 (includes interest of 8% per year) 

I've never responded to anything until the AOS today on the Online Money Claim, dated 13th April, AOS today. 

Need to upload my defence currently but just looking for further advice after spending a bit of time on the newbie thread. My partner is adamant I now have a CCJ to my name but surely at this point I don't do I?

Would a fight and appeal still prevent this from incurring a CCJ or what stage does this become present? We're looking at selling and buying a larger home next year so any dent in credit would cause huge issues.

If any further info is needed to help or assess, happy to provide! Thanks in advance. 

KeithP

deejaybenji said:

I've never responded to anything until the AOS today on the Online Money Claim, dated 13th April, AOS today. 

It looks like you have a County Court Claim Form with an Issue Date of 13th April and you have filed an Acknowledgment of Service today. Please correct me if I'm wrong.

Based on that...

With a Claim Issue Date of 13th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th May 2022 to file your Defence.

That's four 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'.

deejaybenji said:

My partner is adamant I now have a CCJ to my name but surely at this point I don't do I?

Would a fight and appeal still prevent this from incurring a CCJ or what stage does this become present? We're looking at selling and buying a larger home next year so any dent in credit would cause huge issues.

No you don't have a CCJ. The 'J' stands for judgment and no judgment will be made until both sides' arguments have been put before a Judge and a Judgment is made.

Even if a Judgment is made against you, there will be no lasting Judgment recorded - so there will be no financial impact - if the amount awarded is paid to the Claimant within the time specified - usually 14 days.
Anyway, that's enough about losing...

Coupon-mad

People here would not tell newbies to defend, if it risked credit rating.   It doesn't!   There is no risk of a CCJ, as long as you follow all our advice and meet all court deadlines and Directions along the way.

deejaybenji

Thanks for the replies guys.

So I can use the template defence and edit the one section where I can say about working in the store multiple times with no issues and my VRM mentioned? 

Email that through and then await next steps? 

Fruitcake

Yes to using the template and showing us your version of paragraphs 2 and 3. If you were authorised to park, then say so, and say by whom you were authorised.
What happened when you complained to the landowner and your employer and the company who authorised you to park at the site?
Get pics of the site and signage, and see if Google Streetview has any historic images from around or either side of the alleged event.

You should also complain to your MP about this unregulated industry.

deejaybenji

Well, whenever I worked in the store previously I asked about the car park and was told no all is ok, when I spoke to the store on the weekend they said after 28 days they can't do anything (and Management have all changed in this time frame). 

So I guess counter argument is I don't really have anything to go off other than word of the management saying I was fine and they never give fines which doesn't fill me with confidence.

Coupon-mad

Your word is strong.  YOU will be the only true witness at the hearing who knows anything first hand.  The Judge will listen and believe you.

deejaybenji

Coupon-mad said:

Your word is strong.  YOU will be the only true witness at the hearing who knows anything first hand.  The Judge will listen and believe you.

Perfect, that works. Thanks.

Also had a reply about regarding my SAR - they've asked for a form to be filled in (despite it not being part of the process admitted in the email) and then passport, utility bill and a copy of the confirmation I owned the vehicle from the DVLA. 

I have only drafted up the Vehicles Reg, parking invoice date, and the PCN number listed from the Claimant form, do I have to comply with what they are asking for? 

Coupon-mad

Yes and no.  Supply some ID but cover your photo.  Do NOT complete their sneaky form as it demands to know who was driving.  Nope.

Umkomaas

Although they need proof of who you are (otherwise anyone could be asking for others' data), don't send them your passport or driving licence as they don't need photographic proof. Just send them a copy of your V5C (logbook) and a couple of redacted utility bills. 

They keep sending out that silly ID form!  I thought the ICO had warned them off asking for excessive ID. 

deejaybenji

Umkomaas said:

Although they need proof of who you are (otherwise anyone could be asking for others' data), don't send them your passport or driving licence as they don't need photographic proof. Just send them a copy of your V5C (logbook) and a couple of redacted utility bills. 

They keep sending out that silly ID form!  I thought the ICO had warned them off asking for excessive ID. 

I don't have the car anymore, so I'll have to request this from the DVLA won't I? 

Coupon-mad said:

Yes and no.  Supply some ID but cover your photo.  Do NOT complete their sneaky form as it demands to know who was driving.  Nope.

I noticed that tick box on the form, very sneaky indeed!