Highview / DCL(L) Claim form- Buzz Bingo Maidstone ***Claim Discontinued***

[thugusher]

Hi alll,

 

Plesae i need help to defend this claim.

 

 

Name of the Claimant : HIGHVIEW PARKING LIMITED

 

Claimants Solicitors: DCB LEGAL LIMITED

 

Date of issue – 12/1/22

 

Date for AOS - 26/1/22

 

Date to submit Defence - 11/02/2022 - dx

 

What is the claim for –

Particulars of Claim

1 . The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Buzz Bingo Maidstone

2. The PCN details are 22/04/2019 XXXXXXXXXXXXX

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. Despite requests, the PCN(s) is outstanding.

 

The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS
1. £170 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 daily rate of £O.02 until judgment or sooner payment.
3. Costs and court fees

 

 

**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION

 

What is the value of the claim?

 

 

Amount Claimed £208.68

court fees £35

legal rep fees £50

Total Amount £293.68

[dx100uk]

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.

………….
 

[thugusher]

Thanks for the quick response. Can i send an email to DCB Legal requesting the  CPR 31:14 or it needs to be by post?

[lookinforinfo]

Can you please post up the first PCN you received if you still have it.

[thugusher]

I don't have any PCN

[lookinforinfo]

Do you mean that you threw them away or you never received one?

[thugusher]

It was thrown away

[dx100uk]

20 minutes ago, thugusher said:

Thanks for the quick response. Can i send an email to DCB Legal requesting the  CPR 31:14 or it needs to be by post?

You never ever use email  on any debt!! You should know that.

and youve thrown everything away..

 

pretty poor for a member of over 10yrs here......dx

why did you not come here on day one when you got the very 1st letter and seek advice or atleast selfhelp..which is cag's major function?

 

Dx

[lookinforinfo]

 I know that Highview are a bunch of  *********s but it is probably best to hang on to documents from them in the event that they do decide to act. 

 

However it's not fatal as they will have to provide that data in their Witness Statement should they decide to go that far. On the other hand, if we had that info. now it may have been possible to get them to drop the case if they had not followed the correct procedures. 

 

I cannot see anything that does not allow the CPR to be sent by email. And I doubt that the numpties at DCBL would know anyway. If they don't accept it, you can use snail mail or back it up now with a letter in case they won't respond to the email.

 

[thugusher]

Apologies i did come on here but advice i read was to ignore PCN. Now i know better. I will send the  CPR 31:14 by  recorded post

[dx100uk]

must of been very old threads?

that went out the window when the pre action protocol system came in.

you never ignore a letter of claim, which i will pretty much bet you got a few months back with a reply pack wanting I&E details too ??

 

get AOS/CPR done today - you've already lost/wasted/delayed by 2 weeks - they should be done on DAY ONE.

 

you've only a total of 33 days to file your defence!!

 

 

 

[thugusher]

AOS done CPR posted 1st  class recorded

[dx100uk]

 

now use our enhanced google search box

 

PCN Claimform

 

and get reading a good few 10's of threads that pop up, get totally upto speed.

 

i have amended your unknown answer to your defence filing date in post 1.

 

 

[thugusher]

Thanks.. will do

[BankFodder]

Open 

[thugusher]

Hi,

 

I got this reply from DCL as they have chosen to go to court. Is it worth having a talk with them about settlement?

letter004_Redacted.pdf

 

 

[dx100uk]

now read it properly!!

 

what happened with the court claim?

did you file a defence etc etc?

 

 

[thugusher]

Yes i filed a defence against DCL

[dx100uk]

Dcl?

 

What defence did you file against the claim? Post it up please 

 

And where are you now in the claim process?

N180?

N157?

 

 

[thugusher]

20 minutes ago, dx100uk said:

Dcl?

 

What defence did you file against the claim? Post it up please 

 

And where are you now in the claim process?

N180?

N157?

 

 

This was my defence. 

 

The Defendant contends that the particulars of 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 admits to being the registered keeper of
the vehicle at that time.
2. It is denied that the Defendant entered into a contract with
the Claimant.
3. As held by the Upper Tax Tribunal in Vehicle Control Services
Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer
and acceptance. The Claimant was simply contracted by the
landowner to provide car-park management services and is not
capable of entering into a contract with the Defendant on its own
account, as the car park is owned by and the terms of entry set by
the landowner. Accordingly, it is denied that the Claimant has
authority to bring this claim.

4. In any case it is denied that the Defendant broke the terms of
a contract with the Claimant.

5. The Claimant is attempting double recovery by adding an
additional sum not included in the original offer.

6. The Particulars of Claim is denied in its entirety. It is
denied that the Claimant is entitled to the relief claimed or any
relief at all.

 

I completed a N180 form

[FTMDave]

OK, just ignore their bilge then and wait for the court to set a hearing date.

 

Did you get a reply to the CPR request?

[dx100uk]

Well done 

no to mediation I will guess.

now it's awaiting allocation to your designated local court?

 

When does it say your n180 was logged on mcol?

 

That's a STD begging/intimidation letter they all send 

 

Dx

[thugusher]

8 minutes ago, FTMDave said:

OK, just ignore their bilge then and wait for the court to set a hearing date.

 

Did you get a reply to the CPR request?

No reply to CPR request

6 minutes ago, dx100uk said:

Well done 

no to mediation I will guess. Yes

now it's awaiting allocation to your designated local court? Yes

 

When does it say your n180 was logged on mcol? 19/05/2022

 

That's a STD begging/intimidation letter they all send 

 

Dx

 

[FTMDave]

Well in that case SAR Highview, otherwise you will have to prepare a Witness Statement without having a clue about what went on.

 

Stick in a Council Tax bill or something otherwise they will use lack of I.D. as an excuse to delay giving you the information.

[thugusher]

Pls is there a SAR template that i can use