Highview/DCB(L) ANPR PCN claimform - Overstay - Catford Island Retail Park 2

[FTMDave]

You've hidden the issue date on the claim form.  What is it?

[FTMDave]

While waiting for the vital information above, let's be crystal clear about something.

Your friend has made a big mistake in not replying to their Letter of Claim.  The parasites thought that your friend therefore would not reply to a claim form, and they would get a CCJ by default. 

Your friend, to an extent, brought this upon themselves by their non-involvement with the case.  And it seems the non-involvement is continuing.  Why are you dealing with this rather than the person directly involved?  This "on behalf of stuff", as well as making us and you work twice as hard, is fertile ground for wires getting crossed, confusion, legal deadlines missed, legal arguments misunderstood and eventual defeat.

Let's have your mate here dealing with their own case please.

 

Edited August 10, 2023 by FTMDave
Rubbish advice from me corrected

[FTMDave]

4 August gives ample time to defend the claim.

He needs to go here  https://www.consumeractiongroup.co.uk/topic/451401-cpm-anpr-pcn-claimform-the-atlip-centre-ealing-road-alperton-wembley-london-hao-4lw/#comments  look at post 7 and follow the instructions.

Once that urgent stuff is done please come back here and we can get on with the rest.

I'm sorry to hear about your mate's personal problems, but the court won't give a toss.

 

[FTMDave]

So you've done Acknowledgement of Service?

[FTMDave]

On 20/08/2023 at 12:28, chinoky said:

He told me he overstayed

For how long?  Where?  When?

It was certainly a long time ago as they have invented £55 interest on top of £70 Unicorn Food Tax.

Sadly with no information it will be impossible to draft a defence and on 5 September he will have to pay all these made-up charges to them.

 

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[FTMDave]

Thank you for this information.  It will at least make it possible to file a defence early next month.

However, several things.

1.  You say a Letter of Claim was never sent.  Are you sure?  Or was it thrown away?  If they never sent a LoC then that can be included in the defence but it would be a disaster to state this if it wasn't true.

2.  In your first post you mention the date 20.10.2019 and again in the PoCs you write xx/10/20xx.  Is this the date of the PCN?  Then if so in the defence we can hammer them for deliberately waiting four years to pump up the amount of interest.

3.  We've asked four times (this is the fifth) to see the original PCN, the most important document.  Where is it?  Has it been thrown away?  If so the CPR - which should have been sent on 11 August - might get it back.  Otherwise he will have to SAR them.

Getting basic information about this case is like getting blood from a stone.  Obviously that's not your fault.  But your mate got himself in this mess, you come along as a Gift Horse to get him out of it and he still won't put any work in.  Everyone here is an unpaid volunteer and if your mate won't lift his little finger you'll find several of us deciding to do nothing too, and very soon.

EDIT  I see fro's thread is a carbon copy.  Catford Island - Highview - overstay - claim form.  Fro is exactly a week ahead with the CPR.  It's a very good idea to follow their thread so you know what'll be coming - or not coming - next.  Fro's overstay was 23 minutes, your mate's could be within the consideration/grace periods.  But we need to see the PCN.

 

 

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[FTMDave]

Understood.  Thanks.

Your mate and fro have the same defence date.  If fro hasn't received a reply to CPR by then, the next step will be for your mate to SAR them to recover the paperwork.  But there are 10 days yet. 

 

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[FTMDave]

I see yesterday was the deadline to file a defence.  I take it that was done?

If by some horror it wasn't done we need the person in legal dispute - not chinoky, the person who has the claim against them - on the forum sharpish this evening.

[FTMDave]

Well either chinoky has remembered to do the defence for his idle mate ...

... or his idle mate has succeeded in his goal of losing the court claim.

[FTMDave]

Well, that is good news.  I was fearing no defence had gone in and he was about to lose by default.

[FTMDave]

This rant will only be in this post, I promise to shut up after that.  The expression "to give a hand" means precisely that.  The person in difficulty is doing everything they can to help themselves, and others chip in.  Yet incredibly we have someone who caused this mess by ignoring a Letter of Claim and throwing the paperwork away, and the regulars are here trying to sort out his mess, you're here chinoky, fro who has their own difficult case kindly posted and tried to help, yet the person in legal dispute refuses to move their little finger,.

The defence should have included a paragraph about the excessive interest they are claiming, but Mr Absent has seen to that.

On their thread, fro has posted that their' solicitors promised to get the CPR documents from the fleecers - but haven't done so, after three weeks.  So the next step is to SAR Highview (not DCBL) and recover the binned paperwork.  So tomorrow his little job is to print the SAR, invest in a 2nd class stamp and get a free Certificate of Posting from the post office.

Let's be crystal clear that if the SAR reply is posted here by you chinoky, rather than the person in legal dispute, then several of the regulars will just stop contributing to the thread.

 

 

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[FTMDave]

Anyone with a brain will be dealing with their own case and will have "followed" fro's thread anyway as fro is in the exact same position albeit slightly ahead in time in trying to recover the paperwork.

There have been developments in fro's case today  https://www.consumeractiongroup.co.uk/topic/460747-highviewdcbl-anpr-pcn-claimform-catford-island-retail-park-london-se6/#comments

I won't mention fro's thread any more going ahead as the person in legal dispute will already be following it.