Highview 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

 

[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

[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

[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

[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

[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.

[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

 

 

[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

[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"

 

[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

[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

[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

[fro]

ok thanks will do the bland