PCN - private car park - Highview (already at Debt Collector stage)

Secret_Squirrel1970

KeithP said:

What is the Issue Date on your County Court Claim Form?

24th August 2023

So now I have a whole different section of the forum/guide to read through and as I have mentioned a few times my defence/back story is - I imagine - a first and unlike any before.... 

Coupon-mad

Court.claim is the road to them giving up!  No hearing, nothing.

I'm not seeing anything we've not seen before in your OP?  Probably half the defendants here have a wrong address issue in the backstory  (not that that goes in a defence) and we often see cases about two retail car parks next to each other and/or overstays.

And you only have to write one paragraph to add to the Template Defence and you don't talk about the allegation because there isn't one in the Particulars of Claim!

If you were not driving, you must add that into para 2.  Your brief facts - about being genuine shoppers in a badly signed retail park - go in para 3. Then the rest of our template. Easy.

Then, if this is a DCBLegal claim, they will discontinue in 2024 if you do what we coach you to do.  Scam over. No cost. No CCJ.

Secret_Squirrel1970

Coupon-mad said:

Court.claim is the road to them giving up!  No hearing, nothing.

I'm not seeing anything we've not seen before in your OP?  Probably half the defendants here have a wrong address issue in the backstory  (not that that goes in a defence) and we often see cases about two retail car parks next to each other and/or overstays.

And you only have to write one paragraph to add to the Template Defence and you don't talk about the allegation because there isn't one in the Particulars of Claim!

If you were not driving, you must add that into para 2.  Your brief facts - about being genuine shoppers in a badly signed retail park - go in para 3. Then the rest of our template. Easy.

Then, if this is a DCBLegal claim, they will discontinue in 2024 if you do what we coach you to do.  Scam over. No cost. No CCJ.

I haven't started looking into the actual formatting of the defence backstory...

The unusual part is there was two of us (three for part of the time) - we were working..  as mentioned somewhere before I am private investigator, follow people for a living.  This day started out elsewhere - subject took train - some of us went on train with him, I got ahead in car to receive at other end.  When subject got off train I picked up the other operatives and we followed the taxi with subject.

This is where the car parks come in.....   the hotel subject went to was in between two retail parks.   Both retails parks controlled, - three hour stay, no return within an hour. I was fully aware the restrictions as took photos of the car park time restrictions in each car park at the time. 

 Car Park A gave best view - this is the one we started off in one (which gave best view) - this is not the one that resulted in ticket. Prior to the three hours being up we moved to car park B - stayed there for the required hour or maybe a tad longer, then switched back to Car Park A.
Stayed in Car Park A for close to three hours then moved briefly to Car Park B - stayed there a short time, after which we could move to street parking.

In meantime - cant remember which of us drove in between which car park when - we all occasionally have to park each others vehicles, and we did all variously shop in the stores in the retail park so were genuine customers in addition to not being in either car park over the limit.

What has clearly happened in Car Park B (which less time was spent in) is their sh!tty ANPR has logged first in - and last out but failed to register the ones in between.  I would have been able to show that via dashcam footage but for the delay with DVLA/address mess by time I knew about this the dashcam had long since been overwritten.

What I do have is contemporaneous WhatsApp messages showing all this happening in real time - briefing a colleague who was taking over the next day about the car parks, time limits and how best to move between them, which gives best view etc.

Coupon-mad

No backstory goes into para 3 of a defence.  You'd just be stating that this was what the DLUHC call an ANPR 'double dip' (same as other double dip defences) and that there was more than one driver - more than a single parking event that day - and the NTK received in the post was non-POFA in wording, so the Defendant is not liable in law. 

Then the rest of the 30 point Template Defence.

You don't tell any backstory.

No evidence goes with a defence either.

You will get your discontinuance in 2024.

Secret_Squirrel1970

Cheers.....

I will look into all this a bit later today.  Seems I have 30 days - although I should have had longer if DCB Legal actually granted the 30 day extension that they stated they would.

Coupon-mad

You DO NOT have 30 days.

Secret_Squirrel1970

Coupon-mad said:

You DO NOT have 30 days.

I just came back on to say had read back of form and not 30 days,... but you beat me to it.

Don't have time to sit down and look at it all propeerly til bit later today - but will have forms in one hand and be on laptop/forum with the other. 

Coupon-mad

You don't need the forms.  Only the front page.

KeithP

Secret_Squirrel1970 said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

24th August 2023. 

With a Claim Issue Date of 24th August, you have until Tuesday 12th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 26th September 2023 to file your Defence.

That's over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Secret_Squirrel1970

By way of update, not that there is much to add...

- AOS done via MCOL.

- SAR sent to DPO at the parking firm (Highview/Nexus) in this instance.  I included a copy of the V5 and reminded them they are already in communication with me about this matter so should be content about who I am in regards to registered keeper.  Auto response received a few days ago but nothing further as yet.

[The result of the SAR would be handy as due to the address fiasco with DVLA I never received the original paperwork and still have no idea about the exact  times alleged - this is where the 14 day "Debt Advice" extension - would be handy.  The one they agreed to, but never honoured.  Because what I see happening is they will drag their feet on the SAR and I wont actually now receive the information until after I am supposed to file my defence].

Am having a mini-break away this next week so not going to be pouring over this too much .....  I will dip into threads detailing defences occasionally. But believe in the initial instance I use a fairly dry/standard template tweaked to fit my circumstances - and all my extra 'waffle' and odd story goes in a later part of it. 

Just going through this makes you realise our court system must be almost buckling under the weight of all this money grabbing !!!!!! by these chancers.....   why do the politicians and justiciary put up with this crap?