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

[FTMDave]

1 hour ago, fro said:

it has now been requested from our Client and it will be provided in due course

No it won't!

The will refuse to show the contract and planning permission doesn't exist.

So you can say in your WS that they promised to show this evidence but then reneged on the promise.  Won't look good to a judge.

[fro]

yeah I'm hoping they back down before then - tbh, but if not it's another stick to beat them with

[fro]

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.

Thinking back I am pretty sure if they sent a letter of claim, it must not have Income and Expenditure cos I would have remembered that.

Here is what I have drafted in MCOL, I have 74 lines remaining according to the site, so any improvement is welcomed - I will like to submit it tomorrow 1st Sept.

I'm not to sure about the paragraph denying bit

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.  It is admitted the Defendant was the recorded keeper of
Vehicle.
 
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. Paragraph 6 is denied, there are no contractual costs and
interest cannot be accrued on a speculative charge.
Furthermore to Claimant’s invoice/PCN was issued more than four
years ago and it is unreasonable for the Claimant to delay
litigation and claim over four year’s interest.
 
6. Notwithstanding the above on 15th of August 2023 I 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 provide the requested evidence.
 
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.
 
7. It is brought to the attention of the Claimant that the
Defendant works (Amsterdam, NL) and resides (Voorburg, NL) and
will look to claim all travel costs necessary to defend this claim
from the claimant if the court finds in the defendants favour.
 
8. Except where specifically stated or admitted, no element of
this claim is admitted; the Claimant is put to the strictest proof
of every element of its claim.

Edited August 31, 2023 by fro

[Nicky Boy]

Too much info!

Just use our standard bland defence. 

It's in the parking ticket sticky.

[dx100uk]

yep save the extra stuff for you witness statement.....if the claim gets that far that is..................

[fro]

Agreed it did look long to me - so previous advise was to include  5 & 7 should I save these for WS? thanks

5. Furthermore to Claimant’s invoice/PCN was issued more than four
years ago and it is unreasonable for the Claimant to delay
litigation and claim over four year’s interest.

7. It is brought to the attention of the Claimant that the
Defendant works (Amsterdam, NL) and resides (Voorburg, NL) and
will look to claim all travel costs necessary to defend this claim
from the claimant if the court finds in the defendants favour

[dx100uk]

again id not be playing your cards yet.

just file the bland defense

dx

 

[fro]

ok thanks will do the bland 

[Nicky Boy]

Just read back through the thread. Dave did indeed suggest adding in the part about living abroad as a frightener for the fleecers.

Perhaps the op should leave in number 7 dx?

[FTMDave]

Go here  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/  and scroll down to  Q2) How should I defend?   

There is the generic, bland defence that we use in 99% of claims.

However, in another case where the fleecers had added huge amounts of interest fellow Site Team member Andyorch underlined that the charlatans should be challenged about this in the defence which is why I suggested something like saying that it is unreasonable for the Claimant to delay litigation for nearly five years and to add nearly £70 in interest.

Also experience shows that the fleecers do not like taking on people who live abroad, thus the suggestion of the paragraph you drafted mentioning The Netherlands.  There are no guarantees but it might push them a bit towards discontinuing.

It's up to you but personally I would add those two extra paragraphs but nothing else.

 

[dx100uk]

makes sense.

 

dx

[FTMDave]

Any further reply from the fleecers re your CPR?

[fro]

Hi Dave,

Nothing from the fleecers as yet regarding the CPR, so no documents provided.

However the court sent me the standard letter(dated 1st Sept) acknowledging my defence and a copy is being sent to the fleecers or their solicitors. The fleecers may contact you direct to attempt to resolve the dispute blah blah blah.

So they have 28 days to inform the court if they want to proceed.

Will keep you updated

[FTMDave]

Well, it's been three weeks now since DCBL promised to respect CPR, but they've done nothing.

I would SAR Highview (not DCBL) to recover the lost paperwork.  Tomorrow send off a SAR, invest in a 2nd class stamp and get a free Certificate of Posting from the post office.

Edited September 11, 2023 by FTMDave
Typo

[fro]

I will send it out tomorrow, confused which address to use - leaning more towards the PO Box but may not be current. Has anyone written to HighView Parking recently?

On my ticket in 2018, the address 

All Correspondence to : PO BOX 3573 Barnet, EN5 9QA

Footer of the ticket : Ranger House, Queens Road, Barnet EN5 4DJ

from google : 88 Crawford St, London W1H 2EJ

[dx100uk]

the address on the actual claimform

dx

 

[fro]

thank you didn't spot that.

[fro]

Ok - I have sent out the SAR today - as I write this I just realised I didn't sign it.  

Will re-do again tomorrow

[Nicky Boy]

Typed name is fine

[fro]

ok, that I did. Thanks

[dx100uk]

you should sign an sar. read its posts.

it doesnt hurt a PPC get your sig its not something they could lift and use ulike a credit agreement claimform

dx

[Nicky Boy]

Oops!

Thanks dx.

Soz fro.

(quickly scribble that one down for future reference)

[fro]

ok, I read the SAR post and just forgot to add the scribble  reading this a bit late - will send early tomorrow

[fro]

Hello All,

An update - as you know I sent a SAR on the 12th without a signature and another one on the 14th with a signature both with 2nd class post

I got a response today, dated the 14th, meaning they responded to the unsigned SAR.

please see attached 

Is it ok for me to give them these details?

 

 

SAR response.docx (1).pdf

[FTMDave]

Absolutely not!

See that they are trying to get you to out the driver.

Did you send them I.D. with original SAR?