Advice re PCN - County Court Claim Form & Defence Stage

Dodgyvan1

Where I am in the process -

Acknowledgement of service has been made.

The story so far -The first time I knew about the PCN was from a Debt Collection firm. I had moved and not altered the address on my V5.

I tried to make contact with the parking company and sent an appeal based upon an MSE template. This mentioned lack of visible signage ( we saw none ) and requested photographs and positioning of signs in relation to the vehicle etc.

The parking company simply responded with a letter saying that the matter was now with their collection agents and that they would not enter into any further correspondence at that stage.

I ignored all threatening collecting agents letters ( three separate companies ) over the following 5 years.

On receiving a letter of claim from solicitors I sent :-

 a) a Subject Access Request to the parking company, to which they have not replied!!!

 b) an email to the solicitors, notifying them of the SAR sent to their clients and my address for service, along with a request to put on hold for 30 days

Do I need to include any of the above in my defence? especially with regards to being ignored by the parking company and that they haven't replied to my SAR
Is all the MSE defence template relevant to my case?

Is it possible to ask for historical photos of signage and copies of schedules of work carried out with regards to signage and groundkeeping by the parking company?

KeithP

Hello and welcome.

Who is the Claimant?

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Dodgyvan1

Hi KeithP,

Claimant is Highview Parking Limited

Issue date is 11/07

AOS on 23/07

Coupon-mad

Just copy any 2022 Highview Defence.  We have dozens.

KeithP

Dodgyvan1 said:

Issue date is 11/07

AOS on 23/07

With a Claim Issue Date of 11th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 15th August 2022 to file your Defence.

That's a little over a week 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'.

Umkomaas

Dodgyvan1 said:

Hi KeithP,

Claimant is Highview Parking Limited

Have a read of the following, go through all the essential phases, and your thread could be making a linked appearance on it some time in the future. This is eminently winnable. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Dodgyvan1

Thank you all.

Starting on my defence today.

Is it worth sending another Subject Access request to Highview Parking?

 They did not reply at all to my previous request in December 2021.

KeithP

Dodgyvan1 said:

Is it worth sending another Subject Access request to Highview Parking?

 They did not reply at all to my previous request in December 2021.

Then just send Highview a reminder giving them seven days to respond and point out that you will be reporting their failure to the ICO if they do not comply.

Dodgyvan1

KeithP said:

Then just send Highview a reminder giving them seven days to respond and point out that you will be reporting their failure to the ICO if they do not comply.

Well they replied immediately to that one, saying :-  

1) they have no record of my initial request.. Telling porkies because I have a record of one being sent, and

2) I'll have to wait an additional 30 days for a reply to my request.

Le_Kirk

If you have a record of sending your original request, I would report them to ICO immediately!

Dodgyvan1

Any advice gratefully received

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. The defendant traveled to **** ***** Park in the afternoon of the **/**/2016 with his partner to go shopping for clothes and home furnishings in the seasonal sales.

This was the first time they had visited this retail park after recently buying a house together.

The car park was very busy with lots of vehicles and people moving about.The defendant managed to park in a spot directly outside the **** store.

The defendant and his partner had no idea before or during their stay that there were any parking restrictions relating to the car park.

The defendant and his partner did not see any signage at the entrance to, or within the car park, pertaining to parking restrictions.

The defendant first realised a Parking Charge Notice (PCN) had been raised when they received a letter from a Debt Recovery firm

The defendant had failed to change their address on the vehicle registration document after moving to their recently purchased home in *** 2016.

An appeal was sent to Highview Parking on realising that a PCN had been raised, but they refused to engage in any correspondence with the defendant.