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Claim Form Recieved - Highview Parking Limited

Hi everyone, I have received my claim form for a PCN's by Highview Parking Limited and would like some advice on what to write in my defence.

The facts so far:
- Claimant: Highview Parking Limited
- Claim: Breaching contract by overstaying 2 hour free period
- Registered keeper for the car
- Alleged Incident happened on the 5th Mar 2022
- Driver did not know about the time limit as it was the first time they can recall useing the car park. They also do not remember noticing any of the signs in the carpark
- NTK sent to a pervious address - during a move and a job change of the registered keeper, the update of the V5c didn't occour until Aug 2022 when the keeper realised the error
- First NTK recieved by keeper was a letter from dcbl dated 19th Jan 2023
- No letters forwarded to the forwarding address left by the keeper with the land lord's agent
- Requested the SAR from Highview Parking Limited deadline 12 May 2023
- Received Court Claim, issued on 5 Apr 2023
- Sent AOS, defence deadline 09 May 2023

I have sent a Without Prejudice Save as to Costs. letter to claimant for amount covering the court fee and legal representative cots & £85 listed on signage (found via google streetview) in an attempt to get the matter closed out before escilating further.

What would be the best way to write the defence? I plan to use the template listed in the newbies thread




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Comments

  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,097
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    edited 25 April 2023 at 3:02PM
    @KeithP will hopefully be along soon to confirm your dates and give you some other important information. 

    On what date did you submit your AoS?


    I have sent a Without Prejudice Save as to Costs. letter to claimant for amount covering the court fee and legal representative cots & £85 listed on signage (found via google streetview) in an attempt to get the matter closed out before escilating further.

    Erm What?? and Why??
  • B789
    B789 Posts: 3,441
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    I have sent a Without Prejudice Save as to Costs. letter to claimant for amount covering the court fee and legal representative cots & £85 listed on signage (found via google streetview) in an attempt to get the matter closed out before escilating further. 
    So, the Claimant can now evidence in court that you offered to pay their £35 + £50 + £85 = £170. Whilst the letter may have been "without prejudice", the "save as to costs" bit kind of lands you in it as you have basically admitted liability. Maybe I'm wrong as I'm no legal expert but I'll wait to see what others with much more experience have to say.

    Other than that, just use the Template defence thread on the first page of this forum. If the PoC on the claim are sparse and don't fully detail what the claim is about, you can add the extra defence points as per Johny86 thread. An example of the extra points you'd add are examples here:

    https://www.dropbox.com/s/zshkl21uz2he3to/dcbl_para_5-11.pdf?dl=0
  • KeithP
    KeithP Posts: 37,092
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    - Received Court Claim, issued on 5 Apr 2023
    - Sent AOS, defence deadline 09 May 2023
    You are right with your Defence filing deadline, provided that you filed an Acknowledgment of Service sometime after 7th April and before today. Please confirm.

    With a Claim Issue Date of 5th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th May 2023 to file your Defence.

    That's two weeks 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'.
  • KeithP said:
    - Received Court Claim, issued on 5 Apr 2023
    - Sent AOS, defence deadline 09 May 2023
    You are right with your Defence filing deadline, provided that you filed an Acknowledgment of Service sometime after 7th April and before today. Please confirm.

    With a Claim Issue Date of 5th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th May 2023 to file your Defence.

    That's two weeks 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'.
    AOS has been submitted and the deadline has been confirmed but the county court business centre over the phone. I can't remember the exact date but I know it was within the 14 day deadline. I've taken template from the link in the NEWBIES thread post (below) and edited



  • KeithP
    KeithP Posts: 37,092
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    edited 25 April 2023 at 3:48PM
    KeithP said:
    - Received Court Claim, issued on 5 Apr 2023
    - Sent AOS, defence deadline 09 May 2023
    You are right with your Defence filing deadline, provided that you filed an Acknowledgment of Service sometime after 7th April and before today. Please confirm.

    With a Claim Issue Date of 5th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th May 2023 to file your Defence.

    That's two weeks 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'.
    AOS has been submitted and the deadline has been confirmed but the county court business centre over the phone. I can't remember the exact date but I know it was within the 14 day deadline.
    You don't need to remember these things.
    Your MCOL Claim History will have some line on it like...
    A claim was issued against you on dd/mm/2023
    Your acknowledgment of service was submitted on dd/mm/2023 at hh:mm:ss
    Your acknowledgment of service was received on dd/mm/2023 at hh:mm:ss



  • I have sent a Without Prejudice Save as to Costs. letter to claimant for amount covering the court fee and legal representative cots & £85 listed on signage (found via google streetview) in an attempt to get the matter closed out before escilating further.

    Erm What?? and Why??

    A Solicitor provided the template as one of three options via JustAnswerUK. Due to some personal factors I opted for what I hoped would close the matter sooner rather than later.
  • Coupon-mad
    Coupon-mad Posts: 129,323
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    edited 25 April 2023 at 5:28PM
    That was not a recommended thing to do.  You don't offer money when you get a parking scammer court claim, presumably from DCBLegal, who will discontinue later anyway (as seen in every DCBLegal thread).

    They will try to engage you in offers of settlement now - for months - and they will be so happy that you might fold because you signalled you want to offer them money.  And if they accept your offer you are going to have to pay it...!

    So let's hope they aren't that bright.

    Claim: Breaching contract by overstaying 2 hour free period.

    It's not, though.  Look at the claim form POC.  Doesn't say anything about overstay, does it?  We know it doesn't specify it.

    Then look at the recommended defence by @Johny86 and use his extra paras 5-11.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • It's not, though.  Look at the claim form POC.  Doesn't say anything about overstay, does it?  We know it doesn't specify it.
    Then look at the recommended defence by @Johny86 and use his extra paras 5-11.

    You are correct, the claim form does not specify anything, just says parked in breach of terms on Cs signs. I've added the extra paragraphs from the template, so I think that the defence is ready
     And if they accept your offer you are going to have to pay it...!

    Is there anything that can be suggested for this? It was sent with a cheque so in theory, I can cancel it with my bank. But I don't know what that changes now that the letter has been sent ( assuming it has been recieved). I assume now that this is just up to them if they want to accept the offer or not now

  • Coupon-mad
    Coupon-mad Posts: 129,323
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    edited 25 April 2023 at 6:42PM
    Do not cancel the cheque.  You are stuck with that.

    You offered and they can take...unless you email again and give them a deadline after which the offer is withdrawn and the cheque will not be honoured.  Then you could legitimately cancel that cheque but not before.

    Do you mean you've added the extra DCBLegal specific paras 5-11 (from Johny's example) to the Template defence?

    Good...

    So, what did you put for paras 2, 3 & 4?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Currently I haev this for 2,3 and 4

    2. It is admitted that on the material date the Defendant was the registered keeper of the vehicle in question, but liability is denied.  

    3. The driver was a patron at Waterfields Retail Park and did shopping there and therefore was a genuine customer. 

    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 using, in part, pre-written wording suggested by a reliable online help resource. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. 



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