Please Help! Highview Parking are taking me to court. Will i get a CCJ if i i lose?

DebbyBM

I got 2 Parking fines  from Urban Exchange shopping Manchester in 2017. In my defence the signage was very small and unclear - which is why they got me twice!
I stupidly listened to advice that they never pursue other than a couple of letters so i ignored. Then the parking rules changed soon after at this car park where motorists got 30 mins longer and no longer had to validate tickets. The letters also stopped so i thought end of it.  But then i got a letter last year stating if i don't pay, they would be taken to court. I rang them up and stated the parking rules they were fining me on were no longer and in place and it was five years ago. They told me it didn't matter and unless i wanted to settle by paying £455 today i would be taken. I told them that was extortionate and they were unscrupulous and to take me to court. Now it is getting nearer i am wondering did i do the right thing? Because the parking rules have changed would the court be lenient to me? I also would like to know if i lose what is it likely to cost me and will i end up with a CCJ against me? I have no experience of anything like this, and would appreciate and welcome some clear advice and guidance. 
Thanks 

Lagroid

Welcome.

You need to read the NEWBIES thread pinned on this forum. 

Link to NEWBIES thread: https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

It outlines every stage of a PCN. Find what stage (letter you've received) you're at and follow the advice to a t. It includes defence statements and emails you need to send, and when to send them.

To answer your question, no you won't get a CCJ if you lose, as long as you pay what you're ordered to pay. However, it's unlikely you will lose, if you follow all the advice in this forum.

Don't be intimidated by letters. They do this for a living. Scaring people into paying scam charges. You have every right to defend yourself, and as long as you listen to the advice in the link above, there's zero risk for you to defend yourself. 

I'm currently going through the same process myself, as are many others here. So you're not alone. Keep us updated regularly in the same thread (this one, so bookmark it) and we will assist as much as we can.

DebbyBM

Thanks i have read the newbie stuff.
useful especially the bit about preparing for court. The main part of my defence is that i was with my disabled Mother (taking her shopping). I admit i never even read the signs because i mistakenly thought that we would be covered. But it seems HVP have not taken the blue badges into account. I am planning to put this as my main defence. My big mistake is not challenging the PCN when i received them (i was advised to just ignore)  would you admit to that in the Witness Statement?
thanks

Umkomaas

But it seems HVP have not taken the blue badges into account. I am planning to put this as my main defence.

Blue badges do not carry the same dispensations on private land as they do on the highway and council car parks, so this mustn't be your one and only defence. 

Tell us exactly what correspondence you currently have from Highview (or their solicitors - usually DCB Legal), or do you have a county court claim form from the Northampton CCBC?

DebbyBM

Yes it is DCB legal.

·       I received a letter dated 29/6/21 from them stating their client intends to proceed with claim or I could settle within 7 days. I called and asked what the settlement fee ( £455). I refused - they then said they could go to £355. Suspecting they were unethically plucking figures out of air I said no.

·        I then received a notice of allocation to the Small Claims Track (Hearing) on 14th February. The notice informed me that the hearing will take place at the County Court Manchester on 13th April and my Witness Statement and documents must be with them by 10th March. This is what I am going to be working on over next couple days

Grizebeck

Please post your exact defence
Word for word

Coupon-mad

Yep, we must know your exact defence (verbatim) to help with your WS and evidence.

DebbyBM

okay i will draft it now and send it. 

I also have read in their witness statement that they say that I the defendant:
Did not appeal within the 28 day period
And that if they believe the charges were had been incorrectly issued i would have engaged with the appeal process. I do wish I would have responded and appealed

Within their defence the Defendant suggests the signs were insufficient. This is denied in its entirety. If the defendant did not understand the Terms, they should have exited the land and found alternative parking. I mistakenly thought that I would be covered by the Blue Badge scheme. It says Blue Badge customers must display the badge at all times which I believed we did. There is a photo of me entering the car park one of the two times with the badges clearly on display. We couldn’t have found alternative parking; I was with my disabled Mother who was on a walking frame and couldn’t have walked further than being parked right outside of the shop.

DebbyBM

my draft defence

·       I received two PCN notices in October 2017 for the Urban Shopping Exchange Manchester (for parking 34 minutes over) and in December 2017 for parking 18 minutes over). On both these occasions I had taken my disabled elderly Mother shopping at the Marks and Spencer’s Outlet there. My Mother could not walk without a frame and was a Blue Badge holder. I had used the blue badge – the blue badge was evident on the PCN and so could not understand why I had received the PCN’s. EXHIBIT 1  

·        I went on Consumer online forum back in 2017 where I had saw numerous pages of threads about Highview Parking on The Urban Exchange. All was advising that Highview was an Unethical operator with wilfully misleading; signage which they used as a deliberate act to deceive or mislead and that ''confusing signs are often deliberate, to trap innocent drivers''. I had posted about my situation and been advised to just ignore the letters and don’t waste time engaging. I was told that they were being made to change due to numerous complaints to Watchdog. EXHIBIT 2  Shortly after this I learned that they did change their Parking Procedure. EXHIBIT 3

·       I then received nothing for several years until 2021.

·        I received a letter dated 29/6/21 from DCB Legal stating their client intends to proceed with claim or I could settle within 7 days. I called and asked what the settlement fee £455). I refused - they then said they could go to £355. Suspecting they were just immorally plucking figures out of air I said no.

My case is quite simple to understand. Due to the fact I was using Blue Badges on both occasions, I automatically thought we were entitled to the standard three hours in a disabled parking bay. There is a photo of me driving and entering the car park one of the two times with the badge clearly on display EXHIBIT 4. I was with my disabled Mother who was on a walking frame and couldn’t have walked further than being parked right outside of the shop.

Coupon-mad

No.

You have already defended this case.

What did you put in as your defence?

Verbatim, please...like we asked.

Grizebeck

Coupon-mad said:

No.

You have already defended this case.

What did you put in as your defence?

Verbatim, please...like we asked.

Blood and stones