HELP, please, Highview Parking Ltd- receipt of County Court Claim Form |
HELP, please, Highview Parking Ltd- receipt of County Court Claim Form |
Sat, 27 Nov 2021 - 10:59
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#1
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New Member Group: Members Posts: 4 Joined: 27 Nov 2021 Member No.: 114,868 |
I have this morning received a county court claim form from Highview Parking Ltd regarding two PCNs issued for parking longer than was allowed at Cannon Park Shopping Centre / Tesco in Cannon Hill Coventry 27/11/2018 and 30/11/2018. Shockingly the amount being pursued is now £473.81!!
Particulars of claim: 1.The defendant (D) is indebted to the claimant © for a parking charge(s) issued to vehicle XYZ at Cannon Park …. 2The PCN details are 27/11/2018 and 30/11/2018 3.The PCN(s) was issued on 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. {NOTE: confused by this, I assume this was by default as a result of not responding to the notices???). Despite requests, the PCN(s) is outstanding. The contract entitles C to damages. I understand a series of mistakes were made leading to this point, but would really appreciate if someone here is able to advise the best course of action here? Thank you in advance of any guidance, please let me know what further information will paint a clearer picture This post has been edited by Tim24121998: Sat, 27 Nov 2021 - 11:44 |
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Sat, 27 Nov 2021 - 10:59
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Sat, 27 Nov 2021 - 11:29
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#2
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
Have you had any communication with Highview of any kind? If so, did you at any point reveal the identity of the driver, or hint at their relationship to you, the registered keeper?
If not, then edit your first post to avoid hinting: "the driver" drove on the day, while you, the RK, have received the claim form and any other paperwork. |
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Sat, 27 Nov 2021 - 11:34
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#3
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New Member Group: Members Posts: 4 Joined: 27 Nov 2021 Member No.: 114,868 |
Have you had any communication with Highview of any kind? If so, did you at any point reveal the identity of the driver, or hint at their relationship to you, the registered keeper? If not, then edit your first post to avoid hinting: "the driver" drove on the day, while you, the RK, have received the claim form and any other paperwork. Hi Dave, thanks for the response - I have now edited the original post. I have had no comms with Highview whatsoever. This post has been edited by Tim24121998: Sat, 27 Nov 2021 - 11:41 |
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Sat, 27 Nov 2021 - 11:35
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#4
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
Your edit has made things worse. You were told NOT to reveal who was driving.
-------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Sat, 27 Nov 2021 - 11:45
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#5
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New Member Group: Members Posts: 4 Joined: 27 Nov 2021 Member No.: 114,868 |
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Sat, 27 Nov 2021 - 13:30
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#6
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
I have had no comms with Highview whatsoever. You'll need to be clearer. Are you saying the claim form is the first contact you've had or did you receive other letters and have ignored them? -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 27 Nov 2021 - 13:48
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#7
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New Member Group: Members Posts: 4 Joined: 27 Nov 2021 Member No.: 114,868 |
I have had no comms with Highview whatsoever. You'll need to be clearer. Are you saying the claim form is the first contact you've had or did you receive other letters and have ignored them? I have received other letters and ignored them, I meant I have not communicated with them. |
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Sat, 27 Nov 2021 - 14:06
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#8
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
That isn't ideal, as it can make you look unreasonable at court, but what's done is done. A good place to start is this post HERE which explains the court process, what you have to do and by when, etc. There's also a template defence that you ca adapt.
Was there any compelling reason why the driver overstayed? If so, that could be relevant to your defence. If not, you'll need to rely on other factors. As you have not told Highview who was driving, they don't know the identity of the driver, so their claim is against you, the registered keeper. To hold you liable they need to have complied with Schedule 4 of the Protection of Freedoms Act (POFA, link in my signature), which they often don't. Can you show us a copy of the original parking charges/Notices to Keeper you received? -------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Sat, 27 Nov 2021 - 22:23
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#9
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yep, ignoring is not the brightest move.
As above, we need to know - if the defendant , ie the named person on the form , was NOT driving. Only answer if they weren't - why the driver overstayed. And by EXACTLY how much each time. |
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