Highview Parking Fine, Have I missed the defence date

mark1kenno

Hello

Thanks for any help in advance.
My partner received a parking notification from the county court, with the issue date being the 11/07/2022, we filed an AOS 27/07/2022.

Does any one know if we have now missed the date to file the defence at all.
We have had a bereavement in the family in the time from the AOS to now and it has been put at the back of our minds.

If we have missed the date, what is the best way to now go about this so my partner does not occur a CCJ against her, even if that means just paying outright we will have to do that.

Thanks Mark

Mouse007

I think you have, you need to check the MCOL to see if a default CCJ has been issued. If not you are in a race to file a defence before the claimant requests judgment.

mark1kenno

Thank you, I have checked the MCOL and cannot see a default CCJ there.

Can we still submit a defence or just pay the amount?

mark1kenno

Can this be used as a defence

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.
The identity of the driver at the material time is unknown to the Defendant. The Defendant is unable to recall who was driving on that unremarkable day over 2.5 years ago. 

3.  It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the defendant. Buzz Bingo car park has been used by the Defendant and all the family, including other users of this vehicle, as the family go to the bingo hall. As noted, the Defendant was not the only insured driver of the vehicle in question and is unable to recall who was driving on that unremarkable day almost two and a half years ago.

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for adapting some pre-written wording from a reliable advice resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. 

5. With regard to template statements, the Defendant observes after researching other parking claims, that the Particulars of Claim ('POC') set out a cut-and-paste incoherent statement of case.  Prior to this - and in breach of the pre-action protocol for 'Debt' Claims - no copy of the contract (sign) accompanied any Letter of Claim.  The POC is sparse on facts about the allegation which makes it difficult to respond in depth at this time; however the claim is unfair, objectionable, generic and inflated.  

mark1kenno

THis is what is states on the MCOL

Le_Kirk

There is repetition in the defence but it is more important to get that sent by e-mail to CCBC (address in the template defence thread) as quickly as possible!  Don't forget to add the rest of the template back before sending it and it must be signed by the person named on the claim form.

Mouse007

DO NOT USE MCOL to file your defence, email it. Are you using the sticky template?

mark1kenno

Sorry what is a repetition?

mark1kenno

Sorry I see what you mean, repeating on 2 and 3

Le_Kirk

You have the same point twice; for example your paragraph 2 and 3 both start with the same sentence!

Mouse007

Are those paragraphs going to be added to the template defence in this thread "Template defence to adapt for all parking cases where they add false admin costs - edited March 2022"? Second thread in forum, one click back.