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A polite request for help with a parking case brought against me by Highview Parking

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  • #16
    Looks ok for what it is in the time given. If you're happy get it submitted but you will need to do that by email to the courts as you won't be able to fit that in the defence box online due to a restricted character limit.

    The email address is ccbc@justice.gov.uk and make sure to have the following in the subject line:

    Filing of Defence - [claimant name] v [defendant name] (Claim No. XXXXXX)
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #17
      Hi Rob,

      I submitted my document online yesterday. I just wanted to say thank you again for your help and I will let you know how it goes.

      Yours gratefully

      Alex

      Comment


      • #18
        Hi Rob,

        I hope you are well and thanks again for all your help so far. I have received the attached which makes out that they don't know who the driver is despite me stating it in my appeal. I am somewhat confused by their incompetence. Do I need to respond to this? Separately they sent me another letter offering to end the case for £215. Again do I need to respond to that? I would like to counteroffer £2.15 as I feel that is fair, but I feel that would be unwise.

        Thank you for any thoughts you are able to share.

        Best regards

        Alex
        Attached Files

        Comment


        • #19
          That's a standard template letter they spout out when a defence is filed but they clearly can't tell their backside from their elbow. At the end of the day, it's not your job to do their job and this letter clearly shows they do not have a clue.

          You can choose to ignore the letter, or you could respond in a sarcastic way and invite them to discontinue the claims. DCBL has issued a claim on behalf of its client representing that you are liable as either the driver or registered keeper. As a regulated law firm, they have a duty to the court but also a general duty as regards litigation and to bring/defend cases honestly. Issuing a claim against you with allegations they know cannot be upheld or proven, would of course breach that duty.

          Of course, it can be difficult to balance that duty when having to act in client's best interests, but they should know and advise already that POFA is not applicable. Instead, they issue template claims as a catch all which in my view is an abuse of process. The letter is aimed at intimidating you with reference to contempt of court in an effort for you to hand over the information they are asking for.

          I probably wouldn't counter-offer anything at this stage but that's your choice. I can provide you with some sample language if you do wish to respond but there's no requirement for you to use any of it as it depends on how you want to address their letter.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #20
            Hi Rob,

            Thank you very much for the sound advice. I will ignore my letters and keep my mouth shut to avoid making any mistakes.

            As always thank you so much for your help.

            Best regards

            Alex

            Comment

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