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

245

Comments

  • DebbyBM
    DebbyBM Posts: 23 Forumite
    10 Posts First Anniversary Name Dropper
    sorry i don't understand?i have not sent my witness statement in so the above is what i was going to put. 
  • Coupon-mad
    Coupon-mad Posts: 162,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We need to see what your defence said.

    Verbatim.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DebbyBM said:
    sorry i don't understand?i have not sent my witness statement in so the above is what i was going to put. 
    To get to this stage you must have already filed a Defence.

    Did you perhaps do that by filling in one of the forms that came with your Claim Form?
    Did you perhaps file your Defence electronically - i.e. via the MoneyClaimsOnline website?

    You have already filed a Defence. What did you write?
  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,110 Forumite
    1,000 Posts Second Anniversary Name Dropper
    The way I'm interpreting things, I don't think the OP has submitted a defence as such, maybe just put a full stop in MCOL?
  • Coupon-mad
    Coupon-mad Posts: 162,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 March 2023 at 9:46PM
    She must have, because the defence would have been struck out by the local Judge as soon as they saw it, if it said nothing.

    SOMETHING was put in at the point of the claim form arriving and we need to know exactly (not from memory) word for word what went in as the defence?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • She must have, because the defence would have been struck out by the local Judge as soon as they saw it, if it said nothing.

    SOMETHING was put in at the point of the claim form arriving and we need to know exactly (not from memory) word for word what went in as the defence?
    I know, I understand that CM, but the OP isn't very forthcoming with their submitted defence. 

    Hopefully they will update soon.
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Well we cant assist until they supply what they have been asked for multiple times
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 7 March 2023 at 11:26AM
    DebbyBM said:
    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 HAS submitted a defence because the PPC has responded (rebutted) as above quoting the OP's own defence: 

    "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 timewhich 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"

    The OP is confused. They are now at the WS stage. However, as @Grizebeck states, "blood and stone" comes to mind as we don't seem able to progress this thread much further until @DebbyBM de-confuses and answers the question about the actual content of their initial defence.
  • DebbyBM
    DebbyBM Posts: 23 Forumite
    10 Posts First Anniversary Name Dropper
    i honestley cannot remember filling anything in. I thought HVP had gotten what they had from me challenging them on the phone when i spoke to them because a notice of proceedings had arrived. t
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    DebbyBM said:
    i honestley cannot remember filling anything in. I thought HVP had gotten what they had from me challenging them on the phone when i spoke to them because a notice of proceedings had arrived. t
    If you hadn't provided a defence, the PPC would most likely have applied for a default judgement and you would now be looking for a set aside instead.

    From the info you have provided from the claimant's own WS, you have provided them with some sort of defence in writing at some stage.
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