Highview Parking ANPR PCN Claimform - Urban Exchange Manchester ***Claim Dismissed***

[JackD13]

I've received a parking ticket from Highview Parking - See attached.

It states that the visit contravened the terms and conditions displayed on the signage.

I used the facilities and thought i was well within the terms and conditions but they do not seem to think so..

Would appreciate any help with how to respond to this letter as i think they are acting unfairly.

Cheers,

 

HighView PCN.pdf

[dx100uk]

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

[JackD13]

For PNC's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 22/08/17

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]27/10/2017

 

3 Date received 01/11/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up you appeal] No

 

7 Who is the parking company? Highview Parking

 

8. Where exactly [carpark name and town] Urban Exchange, M4 Manchester

 

For either option, does it say which appeals body they operate under. BPA

 

Please accept my apologies, I've filled this in below

 

Cheers,

[dx100uk]

out of time then

ignore them.

[ericsbrother]

you blanked out the time of the stay so my guess is they are saying you overstayed.

 

Now, I would surmise that they may try and claim that the letter is in time for a screen ticket but then they wouldnt be using ANPR as evidence.

 

Their NTK doesnt contain the prescribed information to be legal any way.

 

Ignore any correspondence up until the point that they threaten court action.

 

they wont get this letter right either but that will be the time to tell them you are wise to their shinanigans and will be after them should they persist

[JackD13]

Hi,

 

Thank you for the response, just to keep you updated with developments.

 

They have sent a second letter informing me the amount due has now risen, see attached.

 

Following your previous instructions - I'm going to ignore.

 

Thanks again,

Jack

 

Charge Notice Reminder.pdf

[DragonFly1967]

You've got absolutely nothing to worry about with LowLife Parking... They're very good friends of mine Well, they keep wring to me, so I guess they must be

 

Have a read... Here, here, here, here, here and here

 

Now while my situation is different to yours, you'll gather from the above that LowLife Parking couldn't organise a drinking session in a brewery! They only survive on the income from people that are too meek to stand up to their bully boy tactics.

 

You'll get all the usual, NTK, NTK Reminder and then a "legal action pending', perhaps interspersed with beg/threat-o-grams from Debt Recovery Plus (DR+) their tame DCA (who you can most definitely ignore), but I'd be very surprised if they send you any kind of letter before action (LBA). I've been trying to get them to take me to court for the last 3 years and they just don't want to play ball

 

Fight back, and these clowns will roll over eventually, there's no profit in it for them once they realise that they haven't managed to intimidate you in to paying.

[JackD13]

Hi CAG,

 

I hope you are all well. I have previously posted regarding a ticket I got a few years ago

 

A letter has been sent to (typically) an old address from the County Court Business Centre. Please see attached:

 

The letter was sent with accompanying letters and information on how to pay.

I was wondering if this is something I need to action as I was originally advised to leave the original notice.

 

As mentioned this was sent to the wrong address originally and in the letter it says I have Thursday to respond so I would really appreciate a quick response!

 

Thanks!!

Edited December 7, 2021 by dx100uk
claimform removed

[dx100uk]

we dont need the claimform removed as it was unredacted anyway

 

please complete this:

 

 

 

[JackD13]

Hi Dx, 

 

Please find response below:

 

Which Court have you received the claim from?  County Court Business Centre Northampton NN1 2LH 

 

Name of the Claimant: Highview Parking Limited

 

Claimants Solicitors: DCB Legal LTD, Direct House, Greenwood Drive, Runcorn, WA71UG

 

Date of issue – 25^th November 2021

 

Date for AOS – 13/12/21

 

Date to submit Defence – 24/12/21

 

What is the claim for – 

 

1 The Defendant(d) is indebted to the Claimant ()' for a Parking Charge(s) issued to vehicle ' xxxx ' at Urban Exchange M4

 

2. The PCN details are 22/08/2017 

 

3_The PCN(s) was Issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract) thus Incurring the PCN(s).

 

4 The driver agreed to pay within 28 days but did not,  D is Liable as the driver or keeper

 

5.Despite requests the PCN(s) is outstanding. The Contract entitles C to damages

AND THE CLAIMANT CLAIMS
1 £165 being the total of the PCN(s) and damages

2 Interest at a rate of 8% per annum pursuant to s 69 of the County Courts Act 1984 from the date hereof at a dally rate
of £0 02 until Judgment or sooner payment

3.Costs and court fees

 

What is the value of the claim? Total £311

 

 

Amount Claimed 226

court fees: 35 

legal rep fees: 50 

Total Amount  311

ClaIimform.pdf

[dx100uk]

claimform PDF added for you

 

why does what you typed out from the claimform differ from that on the claimform?

 

[JackD13]

Apologies, what differs?

 

I have shortened the Particulars and rounded down values (as advised in the template).

 

Any help on this would be greatly appreciated. 

 

I was told earlier in the thread that the pcn was out of date but from reading other posts I don't think that is a water tight defence. 

[dx100uk]

i have updated your sticky answer post with the exact poc (minus reg) details as written and also put in the AOS/Defence dates for you.

 

as for if/not the PCN is out or in time, at this stage , and even in your defence, it might not play a part till the WS stage, if the claim goes that far.

 

next step AOS/CPR

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

 

 

 

 

[JackD13]

Thank you again for tidying up the post and letting me know the next steps. 

 

I have submitted my AOS response and will send the CPR letter to their solicitors today.

 

What will be the next steps in creating a defence?

[dx100uk]

Correct

 

Might be worthy to understand the court process as the claim progresses and read a few 10's of pcn claimform threads

 

Use our enhanced google search box

 

Dx

[JackD13]

Hi Dx, 

 

Thank you for your guidance so far! I have sent CPR Letter to their solicitors.

 

I have been taking a read through some of the examples DragonFly has put up earlier in the thread which where fairly helpful.

 

This one was the most relevant I believe as it has an appeal to POPLA:

One question - Should I approach the county court in the same way that DF has wrote to POPLA? 

 

I am going to continue reading through the forum and hope to submit a defence tonight. Any help would be appreciated!

 

 

[dx100uk]

8 minutes ago, JackD13 said:

One question - Should I approach the county court in the same way that DF has wrote to POPLA? 

about what?
 

the only thing you do toward the court is via mcol and thats AOS then defence by day 33.

 

be careful of old threads.

 

that one is 2017, pop back to the Q&A sticky and scroll down, it gives examples of defences we use today.

the std non descripto 3-5 line ones in many threads too

[JackD13]

I was unable to find the Q&A sticky that you referenced. Could you kindly provide a link so i am sure i am in the correct area?

 

Thanks!

[dx100uk]

On 07/12/2021 at 19:23, dx100uk said:

we dont need the claimform removed as it was unredacted anyway

 

please complete this:

 

 

 

 

[JackD13]

Hi,

 

Just a quick question before i submit the defence.

 

Point 1 would be

 

"

The Defendant contends that the particulars of the claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  The Defendant is the recorded keeper of [car]."

 

I was just wondering if this is my admission that i was driving the vehicle? I just want to be clear incase it gets queried further down the line.

[FTMDave]

No it admits you are the keeper of the vehicle.  The driver could easily be a completely different person.

[Homer67]

Remember there is no keeper liability in this case as they were woefully out of time with their NTK.

[dx100uk]

49 minutes ago, JackD13 said:

he Defendant contends that the particulars of the claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

Not sure why you are including the above. It not part of our 3-5 pcn defence.

[JackD13]

1 hour ago, dx100uk said:

"Not sure why you are including the above. It not part of our 3-5 pcn defence."

 

I just followed the instruction and advice from the below post that you sent through previous:

 

This was the defence template, should this not have been done?

 

Apologies for the confusion, as you probably have already noticed this isn't my area of expertise. I have no knowledge of 3-5 pcn defence. I am soley reliant on your guidance so your patience is appreciated.

 

[dx100uk]

use our enhanced google search box.

 

pcn claimform

 

part of the idea of CAG is self empowerment and selfhelp, everything is always here and open for everyone to use and see.