Highview/DCBL Letter of Claim now claimform - already appealled twice - Bradfield Road Sheffield

[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.

………….
 

[s25]

Letter has been done and sent 1st class (signed for)

 

what happens now ? and what do i do now ?

[honeybee13]

Have you done what it says in dx's post above your one?

 

HB

[s25]

yes, sorry i didn't make that clear,  i've indicated on MCOL that i'm contesting, and that's the letter i was referring to.

 

just not sure what i'm supposed to do next ?

 

so, i've sent this letter and asked them to provide information to me,  what do i do with it when i receive it ?

dx says i need to file a defence,  do i do that regardless, or is their reply needed before i can do that ? 

 

[honeybee13]

I thought dx had explained it pretty clearly.

 

So you've sent the CPR 31:14 request?

 

Now you need to get a defence ready to put on MCOL but you don't file it yet. There's a sample defence in the claim form sticky that you filled in.

 

 

HB

[s25]

yes i sent the cpr off this morning.

 

i will start to get a defence readty,  i guess my question (worded very badly) was what is my defence ?

 

is it that i was a customer ? is it that the original letter asked for a wrong amount, or is it that what they are doing is just plain wrong ?

 

i'm just conscious that if i do it wrong then it may mess it up for me and make matters worse.  

 

i'm not very good at these things, and i'm also worried where this will all end.  i'm really grateful for all the help / advice, just not overly confident in what i'm doing

[honeybee13]

If you want to fight this, I'm afraid you're going to have to get used to reading things carefully. Have you read the generic template defence in the sticky I linked to just now?

 

As the sticky says, you must submit the defence on time even if you're waiting for replies from the PPC.

 

Later on you will write a WS [witness statement] with your detailed rebuttal of their statements.

 

HB

[Nicky Boy]

s25,

 

You really should start reading other threads on here so you understand the process.

The guys will help with advice, but you really need to know the general path things take, so you understand the advice and know what's coming next.

It's a huge waste of time having to explain every step of the process to every user.

 

Self help is the key here, with experienced help, support and advice when needed.

 

There's a wealth of information contained in the other threads...

[s25]

Hi, so i've put together my attempt at a defence,  could you look over it and let me know if you think if makes sense ?

 

Defence

 

The Defendant contends that the particulars of claim vague and are 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. It is denied that Defendant ever entered into a contract to breach any terms and conditions of the stated private land, and that Defendant was a customer of local Restaurant at the time, evidence of which was asked for by Claimant and supplied by Defendant.  Claimant stated on their website that proof of custom would cause charges to be waived, Yet Claimant has reneged on this.

 

2. Paragraph 3 claims that Defendant agreed to pay within 28 days and did not.  At no point did Defendant ever agree to pay anything, and consequently Claimant is making false claims.

 

4. Claimant claims that £170 is the total of the PCN and damages.  Defendant denied signage was present and asked Claimant for proof.  Claimant provided pictures of signage, was unable to confirm date of installation but claimed they were present during alleged incident.  Images supplied shows £85 penalty, but PCN sent by Claimant was for £70.  Defendant argues this proves that signs were not present at time of alleged incident.

 

5. Claim 3 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.

 

6 Not withstanding the above on 22 Nov 2022 Defendant made a request pursuant to CPR 31.14 for the claimant to disclose its necessary evidence in support if its claim. To this date the claimant has failed to respond to said request

 

Therefore the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. 

 

The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

 

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

 

Defendant has attempted on multiple occasions to explain it’s defence to Claimant in an attempt to prevent Claimant pursuing matters further,  Claimant has ignored all correspondence and Defendant believes any further action to be malicious in nature, and that Claimant is attempting to bully Defendant into making payment by threat of court action.  

 

thanks in advance.

[FTMDave]

Well done on the work you've put it in looking up legal reasons why their claim is pants.

 

However, you're mixing up two different parts of the legal process and thus two different documents.

 

At the moment all you basically need to do is file a short, bland defence.  In effect say "Hey, I'm defending".

 

Some months down the line, before the court hearing, both parties will have to file a detailed Witness Statement where they list all the reasons why they insist they are in the right.  That is the place for your arguments above.

 

At the moment from Highview's point of view you are just one of maybe a hundred people they are suing.  They will long ago have forgotten about the correspondence between you.  Even more so for DCBL who will just have received a list of motorists to sue.  Keep them guessing as to how you will fight them.  You don't want to play your cards now otherwise they will make up lies to counter your claims.  Let them go into the ring blindfolded. 

 

So, click on  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  Scroll down to  Q2) How should I defend?  There is the bland defence that you can use verbatim.

[FTMDave]

If you want, keep this one of your paragraphs.  I've tweaked a legal term  -

 

The Defendant has attempted on multiple occasions to explain its defence to the Claimant in an attempt to prevent the Claimant pursuing matters further.  The Claimant has ignored all correspondence and the Defendant believes any further action to be vexatious in nature, and that the Claimant is attempting to bully the Defendant into making payment by threat of court action.  

 

- change the bland defence para (6) to (7), and (5) to (6), and make your para the new (5).

 

[s25]

Done, thank you so much

[s25]

Hi

i filed my response,  and today i have received the following by email.

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

 In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

 Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

 If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

what is my next step ?  do i ignore this ? 

[FTMDave]

Yes, standard tripe intended to scare you.

 

Ignore.

[s25]

one thing i have noticed from the form is that they have requested that the court hearing takes place at the "Claimant's home court".  if i am to defend this then do i need to attend in person, and if so should i be asking for an address closer to me?

[Nicky Boy]

When you file your own directions questionnaire, you request the court closest to you.

 

Defendant's choice wins...

[FTMDave]

Relax.

 

The court hasn't sent out the DQ yet.

 

When it arrives you tick your court, and as a Litigant-in-Person the case will always be sent to your court.

[s25]

Hi

 

i've now received the "Notice of Propoed Allocation to the Small Claims Track" and been advised that i need to complete the Form N180 by the 6th Feb.

 

i'm also being offered the option to refer to the small claims mediation service ?

 

what do i do now please ?

[FTMDave]

By far the best way to prepare for your case is to read cases of others who have been in a similar situation.

 

That way you familiarise yourself with the court process, know what's coming next and don't get caught out.

 

This thread is not massively long and by reading it you'll see every stage of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

 

The N180 advice is in dx100uk's post 34 (might be post 33 or 35 too, sometimes the post count goes wonky).  It's also on every single claim form thread.

 

[AndyOrch]

 

[s25]

just want to clarify something i've read on the above thread.

 

the office took place on the 18/9/21,  the "parking charge" letter i received is dated 18/10/21 ?

 

i've just read that this NTK has to be issued within 14 days of the offence,  is the parking charge the NTK ? and if so are they outside the allowed time ?  or i misunderstanding this ?

[dx100uk]

looks like it for an ANPR Capture

Highview PCN issued 1 month after ANPR Capture.pdf

[s25]

sorry dx100uk not sure i understand ?

 

are you saying it is invalid as it's over 14 days after the event ?

[dx100uk]

the pcn is out of time for an ANPR capture.

 

 

[dx100uk]

interesting they make no ref to this being an ANPR capture nor use ANPR word.

 

looking on google earth you can see the anpr camera.

i wonder if they also dont have planning for their signs/cameras/poles?

 

have you looked?