Help please - PCN Claim Form Highview Parking Ltd

alexasendhelp

Hi - any help would be appreciated, I've read through the newbies post but just getting a bit overwhelmed! 

I received a claim form, date of issue 8/11/22 and I have submitted a AOS so I understand I have until 11/11/22 to file a defence?

It shows a PCN date of 06/06/2020 and long number starting with 20000 - but this doesn't seem to be my PCN number, should it be on the claim form because I have no way of viewing it online. I've emailed Highview (now Nexus) with a SAR, which they said I will receive by 21/12/22, after my defence deadline.  I think I did put in an original appeal but it was rejected (if this is the same thing, it's been so long!)

The car park isn't owned by them anymore to my knowledge, the parking meter that was broken when I used the car park doesn't exist from what I can see on Google images now. It's locally well known as a pirate car-park (Osborne St Grimsby) I did a quick search on here and was surprised not to find more threads.

Does the defence have to be posted before the SAR with PCN details is received? Is there any way to extend this timeframe...

Thanks in advance!

Coupon-mad

Just start by reading Highview defences you find when you search this forum for the keywords: Highview unremarkable day defence

You can copy & adapt one. There are loads.

alexasendhelp

Coupon-mad said:

Just start by reading Highview defences you find when you search Highview unremarkable day defence

You can copy & adapt one. There are loads.

Thank you!

KeithP

alexasendhelp said:

I received a claim form, date of issue 8/11/22 and I have submitted a AOS so I understand I have until 11/11/22 to file a defence?

I assume you mean 11th December but a filing date deadline will never be on a Sunday.

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

alexasendhelp

KeithP said:

alexasendhelp said:

I received a claim form, date of issue 8/11/22 and I have submitted a AOS so I understand I have until 11/11/22 to file a defence?

I assume you mean 11th December but a filing date deadline will never be on a Sunday.

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

Yes, my mistake, 11th Dec. 

"Your acknowledgment of service was submitted on 26/11/2022 at 09:36:38

Your acknowledgment of service was received on 28/11/2022 at 01:05:37"

Although I thought it didn't matter when it was filed, as it only gives you 28 days from the date of service. Is that not right? Thanks.

Coupon-mad

It's clearly never a Sunday, as Keith already told you.

alexasendhelp

Coupon-mad said:

It's clearly never a Sunday, as Keith already told you.

I was just replying to Keith's question... it states 28 days but as you've both now told me, a filing deadline will never be a Sunday. Regardless, I intend to submit a defence by Friday this week.

Most of the unremarkable day defences I've read argue they don't know who the driver was. Is it wise to use this defence if this is the parking ticket I tried to appeal over inability to pay (which I won't know for sure until I get the data back from my SAR)?

KeithP

alexasendhelp said:

KeithP said:

alexasendhelp said:

I received a claim form, date of issue 8/11/22 and I have submitted a AOS so I understand I have until 11/11/22 to file a defence?

I assume you mean 11th December but a filing date deadline will never be on a Sunday.

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

Yes, my mistake, 11th Dec. 

"Your acknowledgment of service was submitted on 26/11/2022 at 09:36:38

Your acknowledgment of service was received on 28/11/2022 at 01:05:37"

Although I thought it didn't matter when it was filed, as it only gives you 28 days from the date of service. Is that not right? Thanks.

That's right and date of service is five days after date of issue - again ignoring Saturday and Sunday - which in your case means the claim was served on Monday 14th November.

With a Claim Issue Date of 8th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 12th December 2022 to file your Defence.

That's just a few days 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'.

Coupon-mad

In your case use the 'unremarkable day' wording but admit to driving and say it is impossible to be sure, but you think this might be about a PCN long since appealed, where (explain the facts and say you thought the appeal was successful). 

Do not use the POFA stuff if you are sure you were driving.  Be honest and up front.

alexasendhelp

Hi both - I've found a template and added in my bits. It's very hard to write a defence about something so long ago where you can't remember the particulars! All I know is that the machine was broken and there was no other way to pay. I had a quick look at Google images, 6 months after the date of my PCN they had removed the pay and display machine altogether. Anyway, I would really appreciate any feedback on this...

The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term, and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question at the time of the alleged claim and although it is impossible to be sure, due to the date referenced being over 2 years ago, the defendant believes this may be about a PCN long since appealed.

3. The Defendant has sent a subject access request (SAR) to the Claimant, and will expand upon the denial of breach in the witness statement and evidence, once the Defendant has seen the details from the SAR and/or in the event that the Court order the Claimant to file & serve better particulars.

4. In the instance of the appealed parking ticket, the defendant attempted to purchase a ticket using the pay and display machine on-site. The machine was not working, and did not appear to even be switched on with no response to any interaction.

5. The defendant believed the appeal to have been successful due to the inability to pay using the sole machine within the car park and the absence of any signs to instruct patrons not to use the car park if unable to pay.

6. The Claimant has added an unidentified sum in false 'damages' to enhance the claims.  So sparse is their statement of case, that the Claimant has failed to even state any facts about the alleged breach or the amount of the parking charge that was on the signage, because it cannot have been over £100. Which then leads to the question, how does the Claimant arrive at the Amount Claimed for a total of £170.00

Thanks for all your help so far.

Coupon-mad

Looks fine!