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ANOTHER court claim from Highview

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  • #1

    ANOTHER court claim from Highview

    Hello all,

    First time poster - completely naive to anything legal, I understand this is yet another post about a matter that has been covered extensively.

    I have done some reading, but yes I ignored letters and don't have any of these anymore. I have done everything that would probably not be advisable... I now have a 7 week old baby and unfortunately I fear I have no spare time (or brain power!) to fight this.

    Claim form received, for £296.06 from Highview parking and DCB legal.

    I have submitted an acknowledgement of service, and emailed (should I have posted?) highview for a SAR (no reply as yet) but NOT a CPR 31.14 as I have only just read about this now.

    The charge is from 31/12/2015

    My main questions / worries are:

    What is the process from now if I do defend - Main worry ... can the costs to me increase if I defend and lose or does it stay at the £296.06?

    Can I just put into the defence I am not sure if I was driving? Will that just be laughed at?

    If I defend are they likely to pursue, do they get access to my defence?

    Don't worry if you chuckled at the amateur questions - as I said I have no clue!

    Anyway - do I pay, and chalk it up as a learner considering how out of my depth I am (I hate this as that what they are hoping for) or do I fight?

    Thank you all
    Tags: None
  • #2
    ostell

    Comment

    • #3
      Try the CPR request. If it works then you will get the copies of the PCN. They have 30 days to respond to a SAR.

      Yes they get to see your defence.

      Yes you can say that you don't know who was driving, it was too long ago.

      Have a read of this: https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0 and include it in your defence.

      You should be able to find a defence that you can amend.

      How is that £296 made up?

      Comment

      • #4
        CPR 31.14 Request

        Comment

        • #5
          Originally posted by ostell View Post

          You should be able to find a defence that you can amend.

          How is that £296 made up?
          Thank you Ostell you seem to be the expert with these.

          It is:
          Amount claimed: £221.06
          Court fee: £25
          Legal representatives costs: £50

          What happens if I defend?

          Can the charges increase (this is my biggest worry)?

          Basically have I got anything to lose by defending. Even if it just makes it harder for them, is a win in my eyes.

          Thank you

          Comment

          • #6
            Court fee and legal rep are fixed court costs.

            As the keeper the maximum they can claim form you is the original PCN amount. They will have added other costs, which is what the Wilkinson case I linked to you is about. That got the case thrown out.

            You can complain about the amount of interest being charged as they delayed raising the claim for a long time and didn't take prompt action.
            • 1 thank

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            SHORTCUTS


            First Steps
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            Income/Expenditure
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            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



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