We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Draft Defence against Highview Parking Ltd

135

Comments

  • lukeario95
    lukeario95 Posts: 19 Forumite
    10 Posts Name Dropper
    edited 25 September 2023 at 5:37PM
    Well they got back to me today and they want to proceed with the claim, although their letter is dated 19th September. They also said that I could contact them within 7 days for a resettlement - this is unfair as it shouldn't have taken the letter almost a whole week to reach me.

    HM Courts & Tribunals Service sent me a letter previously on 22nd August saying that the claimant must contact the court within 28 days after receiving a copy of my defence in order to proceed with the claim.

    Is there another forum where I can get further advice on how to proceed?
  • Umkomaas
    Umkomaas Posts: 43,856 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is there another forum where I can get further advice on how to proceed?
    No need. This is by far the best forum anywhere as far as fighting private parking charges/claims are concerned. What you have just told us confirms that you are on a well recorded track towards discontinuation. Just patience and resilience required. Stick with the plan. 

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well they got back to me today and they want to proceed with the claim, although their letter is dated 19th September. They also said that I could contact them within 7 days for a resettlement - this is unfair as it shouldn't have taken the letter almost a whole week to reach me.
    Keep following that checklist you were using when you filed a Defence.
    Item 7 on that checklist says...
    7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.


    HM Courts & Tribunals Service sent me a letter previously on 22nd August saying that the claimant must contact the court within 28 days after receiving a copy of my defence in order to proceed with the claim.
    And hasn't the Claimant done that by sending you a copy of their completed Directions Questionnaire?
    Of course we don't know what delays there are in the CCBC, but they appear to be taking a couple of months processing this type of work.


    Is there another forum where I can get further advice on how to proceed?
    No idea. Isn't this forum good enough?
  • So going forward, what do you advise me to do after this step?
    Is the letter I have just received a template that they send out to everyone regardless of what the court plan on doing?
  • Umkomaas
    Umkomaas Posts: 43,856 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is the letter I have just received a template that they send out to everyone regardless of what the court plan on doing
    DCB Legal are pumping around 100,000 private parking cases through the court system per year. Do you think they are sending  bespoke letters every time they correspond with the motorists they are pursuing?  The whole industry operates on templates. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is the letter I have just received a template that they send out to everyone regardless of what the court plan on doing?
    Yes.            
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 September 2023 at 9:21PM
    So going forward, what do you advise me to do after this step?
    Is the letter I have just received a template that they send out to everyone regardless of what the court plan on doing?
    We advise you to please read:

    1.  The first 12 steps (go back and re-read the Template Defence thread)

    and

    2.  The MAHOOOSIVE RED CAPITALS headed section in-the second post of the NEWBIES thread which starts with the word 'IMPORTANT'.
    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
  • Le_Kirk
    Le_Kirk Posts: 25,232 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well they got back to me today and they want to proceed with the claim, although their letter is dated 19th September. They also said that I could contact them within 7 days for a resettlement - this is unfair as it shouldn't have taken the letter almost a whole week to reach me.
    Hmm, I wonder if that is deliberate?  It might be dated 19th but when was it posted?  You don't know and cannot find out but even second class post only takes two (business) days to be delivered! Also your post is dated 25th but 19th plus seven is 26th but I take your point.
  • KeithP said:

    And hasn't the Claimant done that by sending you a copy of their completed Directions Questionnaire?
    Of course we don't know what delays there are in the CCBC, but they appear to be taking a couple of months processing this type of work.
    They have sent the questionnaire a few days ago. I will post it back to them. I have also moved address so I will update this on the questionnaire.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 October 2023 at 6:24PM
    Do more than that.

    Put URGENT CHANGE OF SERVICE ADDRESS in the subject line of the email too and in capitals in the body of the email that the court and Claimant MUST ERASE THE OLD ADDRESS. 
    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
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.