Help Needed for Defence *Please* Highview/DCB Legal

pandapop88

Hello,

I have found lots of very helpful information on here so far, thank you so much.

I started to receive letters from DCB Legal last year referring to a parking ticket from 26.7.2016 at Riverside Retail Park Norwich. 
I thought I was doing the right thing by ignoring it as I couldn't remember ever receiving a ticket at the time, it was 5 years ago! I guess I was naive in thinking it would go away!
On 1st April, I received a claim form from County Court Business Centre, very scary.
I followed the advice on here and I requested an SAR to Nexus (Highview) and contacted DCB to let them know '(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017. (b) I have sent your client a SAR.'

So, I believe I need to submit my defence now.  I genuinely can't remember who was driving, it could have been my partner at the time. I would have been using the shops if it was me parked there and I would have likely had my young son with me at the time. 
What should I put as my defence, do you think? It was nearly 6 years ago  

Thank you in advance,

N

pandapop88

Sorry, forgot to add, I have completed the 'moneyclaim.gov.uk' side of things as AOS...

Le_Kirk

If you have received an N1 claim form (what is the date of issue please?) it is too late to send the "put on hold for 30 days" as you are into the action phase.  What date did you complete the AoS?  Find the template defence, adjust paragraphs 2 & 3 to suit your circumstances and post only those paragraphs it here for help and critique.  when it has been amended, you add back the rest of the template before sending it by e-mail to the CCBC.  All the advice you need is in the template defence thread.

pandapop88

Oh no, I didn't realise. Issued on 1st April, I filed the AoS on 2nd April. I will find template. Thank you for your help.

pandapop88

For para 3, I'm unsure what to write because I don't know why I was issued the ticket? Any ideas, I'm guessing it's staying longer than the time limit. 

Le_Kirk

What does it say on the claim form in the POC section?  You have reduced your time available for producing a defence slightly by filing the AOS so soon but one of our regulars @KeithP will be along to give you your deadlines.

Castle

pandapop88 said:

Oh no, I didn't realise. Issued on 1st April, I filed the AoS on 2nd April. I will find template. Thank you for your help.

Are you sure? because, in your first post you said it was received on the 1st April.

pandapop88

Okay, I must have received it on 2nd, same day as I started trying to sort it out. 
I thought I was doing everything correctly to get the most time but obviously not. I have a lot going on at the moment. 
I have now received the SAR from NEXUS. The vehicle was parked for 3hr 3minutes. I've checked and the time limit for the car park is 2hr 30minutes. You can't tell from the photos who was driving the vehicle.

pandapop88

Using the template I've edited these paragraphs...

2. It is admitted that the Defendant was the registered keeper of the vehicle in question on 26/07/2015 but liability is denied. It is not known who was the driver on 26/07/2015. Both the defendant and her former partner 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.

Coupon-mad

Can't be from 2015?

pandapop88

Thanks, 2016.