Highview Parking Court Claim defence help Please - Urgent

Tipps22

Thank you that's great!  No I didn't appeal at the time as the initial correspondence I received was entitled 'Legal Action Pending' which said 'the deadline for written representation against the Charge Notice has expired'.  I did write back to Highview at the time informing them that I had not received any previous correspondence from them, that the charge was excessive and I wasn't going to pay.  I asked that the charge be put on hold until further information on their previous correspondence was forthcoming.  They did not respond and the whole thing went quiet for 5yrs until 2021 when DCBL got involved.  

As I didn't see any signage at the time of parking, can I just adjust the last sentence of your section 4 to read....'An adjustment of time was absent at this location, and as such, the Claimant (as well as their client) were in breach of the Equality Act 2010'.  ?

Coupon-mad

Yes you can amend that.

And add a whole extra paragraph saying this:

The Defendant was unable to appeal at the time because the first correspondence received was entitled 'Legal Action Pending' which said 'the deadline for written representation against the Charge Notice has expired'.  The Defendant wrote back to Highview at the time, informing them that no previous correspondence had been received and asking that the charge be put 'on hold' until further information was forthcoming and the right to appeal offered.  The Defendant had no idea about the nature of the allegation and could not narrow the issues nor appeal because the Claimant did not respond and the whole thing went quiet for 5 years.

Tipps22

Thanks so much, I will do.  Is everything else OK do you you think, in terms of a defence?

Coupon-mad

Yes indeedy!

Get it signed, dated and saved as a PDF and email it to the CCBCAQ address the Template Defence thread gives you. Then re-read the 12 steps there so you don't have to ask us about the first standard form/letter or which boxes to tick.

Tipps22

Will do.  And thanks so much for your help, its been amazing!! 

Tipps22

I've been checking through my documents as I finalise the defence document as per Coupon Mad's advice and had a quick thought as to whether I needed to mention anything about the time strip on the top of the photos on the PCN before I finalise, as they look as though they could have been added later.... or is that normal for a ANPR image? ... I have no idea... or can that be raised later if relevant?  

Coupon-mad

It is normal for ANPR images.

Tipps22

That's great!  Thanks so much again.