Highview/DCB(L) ANPR PCN Claimform - Catford Island Retail Park London SE6

[fro]

Hello,

This same company wrecked my credit score few months ago and I had to make payment because of a CCJ they placed on my credit file.

Now I think they have searched their database and found me somewhere else and thought lets get some more money.

I work/live in Amsterdam and come home(UK) from time to time, this is one letter I could have missed.

Issue date of claim 04th Aug, received letter today 08th Aug.

The offence apparently took place in 08/10/2018 and they want a claim of £324. I no longer have the car in question

How do i fight this? please heeellllllppp

Thanks

 

[Nicky Boy]

Hi Fro,

Could you please fill out the stickies, so the guys can advise further...

 

[fro]

1 Date of the infringement 08/10/2018

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 15/10/2018

3 Date received 18/10/2018

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] NO

Have you had a response? [Y/N?] post it up N/A

7 Who is the parking company? Highview Parking Limited

8. Where exactly [carpark name and town] Catford Island Retail Park London SE6

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

BPA

If you have received any other correspondence, please mention it here

Yes I received loads over the years, I kept the first 2 years and disposed of recent ones.

I also now have a claim form from the county court business centre

Charge Notice.pdf

[dx100uk]

thank you 

now do this one as well please then we can move you forward.

 

[dx100uk]

answer all the q's please and type out the POC as asked.

 

[fro]

Which Court have you received the claim from?

1. County Court Business Centre Northampton NN1 2LH
2. If possible please scan redact and upload a full page copy of page 1 of the claim form. – see attached above
3. Name of the Claimant :     Highview Parking Limited      

Claimants Solicitors: (if one is stated) – Yasmin Mia (no legal company obvious)

 Date of issue – 04 Aug 2023

What is the claim for – 1.The Defendant(D) is indebted to the Claimant (C ) for a Parking Charge(s) issued to vehicle xxxx at Catford Island Retail Park

2. The PCN details are 08/10/2018

3. The PCN(s) was issued on the 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 £0.02 until judgement or sooner payment.

3. Costs and court fees (Particulars of Claim are in the box to the left of the N1 page 1)

**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? – 324.24

Amount Claimed – 239.24

court fees – 35.00

legal rep fees – 50.00

Total Amount – 324.24

Have you moved since the issuance of the PCN? (Y - Sept 2019)

Although I have a mortgaged house in the UK, where my family lives, I also live (rented) and work Netherlands - since Feb 2022

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? they have been writing a bit lately after I paid another claim filed by the same named legal representative.

 

Claim form.pdf

[dx100uk]

probably think you want to wet yourself and pay this one blindly...sorry highview they've found CAG...

 

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.

………….
 

[fro]

ok will go through it all by Friday - I really don't want to pay - that will be about £600+ to these parking companies in a matter of months, not to count congestion charge

[lookinforinfo]

The PCN does not comply with the Protection of Freedoms Act 2012. As such you as keeper are not liable to pay the charge. Only the driver can now be pursued and as hundreds of drivers are able to drive your car they will have a difficult job trying to prove who was driving. Especially as Courts do not accept that the keeper and the driver are the same person.

[FTMDave]

Please carry out the steps dx has explained, then come back here and we can deal with the matter of you living abroad.

[fro]

ok thank you - will report back here as soon as I've done the steps.

@lookinforinfo I hope so, times are so hard right now, made harder by things like these.

[fro]

@dx100uk thank you for your response, I have now filled out the MCOL - AOS.

With regards to CPR 31:14 I will send this to DCB legal Ltd tomorrow morning 1st class post -  they appear to be the solicitors.

Will keep you posted

[FTMDave]

As you haven't done CPR yet, hang on for 24 hours while we have a discussion about you living abroad.  It may be that when sending the CPR you inform the fleecers of your new address.  Anyway, a 24-hour delay won't do any harm.

It's a pity that you didn't tell the charlatans when you moved.  I think it's impossible to use MCOL to sue someone with a foreign address.  In any case, in practise the spivs will not pursue tickets when they realise someone lives abroad.  We have a couple of people in a similar position to you and this is what experience has taught.

Is your post at the UK address regularly checked?  I ask because the court will shortly send a Directions Questionnaire and if it's not completed by a deadline you will lose the case.

The DQ will also ask on what dates you're unavailable for court.  How often to you come back to Britain generally?

 

[fro]

@FTMDave yes sure it can wait, let me know what's best.

Yes my post is regularly check, if something looks official I usually ask my wife to open it and tell me if I need to take action.

I see your point, but I guess even so as I still have assets registered to me in the UK they will still try it.

I am still around, cos of the school holidays which gets a bit much around this time, but at term times I come home every 2 wks or so.

[dx100uk]

assets arent on their radar, never has a lost speculative invoice court claim resulted in a charging order against a property or WHY against assets and rarely do they ever return to court to ask them to send court bailiffs (powerless anyway - its a civil consumer debt so there is not right of forced entry)  unless its for multiple SI's and the claim is several £100's (+£600 and HCEO's can be used, but again same rules apply).

 

 

[brassnecked]

The foreign address is it a permanent one as in mainly live there not  in UK.  Other thing they refer to damagves, that might fall foul of Beavis as it looks like they are applying an extra penalty also they cannot pursue the keeper  for more than the original Invoice, the extra fees are  naughty

[FTMDave]

OK, thanks to your wife I see you are covered!

See what the other regulars think tomorrow, but my initial thinking is this.

Send the CPR normally.  You don't want post getting lost on its way to Amsterdam.

However, when you file your defence in early September, stick in a paragraph about living aboard and should you win at the hearing you will claim all your travel costs back from the claimant.

When it's DQ time, make a big deal of only being available on Fridays or Mondays or similar through living abroad and again tell the fleecers they'll be paying your plane fare.

I'm just thinking of ways of making being in Amsterdam an advantage not a disadvantage and maybe pushing the fleecers towards discontinuing.

[fro]

@brassnecked I will say it's a permanent one, I try and come back as often and work with my employer. It was one of those (jobs) you take as a temporary measure to pay your bills (after being made redundant) then weeks turn to months and years.

I will send CPR as normal and will start preparing the defence after.

Thanks for all the support so far

 

 

[brassnecked]

Great that confirms using FTMDave's suggestion regarding having to fly to and from Amsterdam for the case and if they lose they will be paying for the flights, Just don't give the fleecers any tulips from Amsterdam. If they lose ideal song to extract  the urine from  Highview Plane tickets from Amsterdam......

[FTMDave]

Yes, get the CPR off today or tomorrow.

We can alter your defence to mention Amsterdam in early September.

[fro]

CPR sent today, though I missed the last post collection of the day. Got my proof of posting.

Now some rest before the defence

[FTMDave]

We have a new case which is a carbon copy of yours.  Catford Island - Highview - overstay - claim form - issued on 4 August.

Like in your case Highview have delayed taking court action for years & years so they can charge as much interest as possible, which is unreasonable and you need to include that in your coming defence.

[fro]

Got a response to the CPR from DCB legal

"DCB Legal acknowledge your request for evidence; it has now been requested from our Client and it will be provided in due course.

For clarity, a claim was issued against you on 04/08/2023 in amount of £324. Due to this your file cannot be placed on hold. Therefore continue to follow court directions.

Alternatively, if payment is made of the outstanding balance of £324 then legal proceedings will cease.

Payment options are overleaf"

 

[Nicky Boy]

They've issued a claim without any evidence from their client?

Due diligence leaves something to be desired...

[fro]

Letter was dated the 18th of Aug, 3 days after I posted the CPR, not sure when it was received in my letter box as I was away some part of last week. But I think Wed/Thurs (23rd/24th) judging by camera footage of postman.

I am reading other post so I can draft my defence