HELP ASAP PLS! County Court Claim - Highview Parking PCN - VC5 not updated

[Boop]

Hello all, me and my partner are freaking out as we've been stung with a few PCNs that were SENT TO OUR OLD ADDRESS. We updated driving license and insurance but forgot the VC5 - yep that old chestnut.

So for this particular one husband went to TRELISKE RETAIL PARK, TRURO. To his recollection, he parked, browsed shops for 40 minutes. Left to go find parking at the hospital where he had appointment and in surrounding areas. Couldn't find any. Came back to Treliske, parked there again as was still within time, went to appointment and then went and spent 100quid in NEXT. According to him this could not have totalled 2 hours, which is allowed time at the car park.

A PCN was sent to our OLD ADDRESS (due to us not updating VC5 - although drivers licence and insurance was updated). We didn't get it until we got DCBL send Notice of Debt Recovery to NEW ADDRESS and we went back to our old address to pick up the PCNs. We tried to get in touch with High View Parking to ask for right to appeal given that we had not had it and believe that the PCN may have been unfairly issued because the PCN only shows 1 entry time and 1 exit time, as opposed to the two visits that my husband made. We wanted to ask for all the footage between those times. The recorded stay of time was 2hrs 20mins. It was impossible to get in touch with them. DCLB just flatly said pay the 170 pound fine or go to court. We decided to wait for court.

Now we are at that stage to dispute the COUNTY COURT claim. What do we do? We have to respond in the next few days. At this point i just feel like paying it, but I'm hoping you guys will give us some sound advice to spur us on!?If there's any more info you need please just ask!

Thank you so much.

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I don't know if this TIMELINE is useful, but thought it might help.

17/02/2023 - Parked at Treliske Retail Park, owned by Highview Parking (HVP)

27/02/2023 - Unbeknownst to me PCN issued by HVP to OLD ADDRESS for reduced sum of 60 pounds. Claimed I spent 2 hours 20 minutes at car park. Exceeded time on display signage.

16/03/2023 - Old address without my knowledge PCN for 100 pounds

03/04/2023 - Again to old address without my knowledge PCN for 170 pounds

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02/05/2023 - DCBL Direct Collections Bailiffs send notice of Debt recovery to Old Address without my knowledge - for 170 pounds

04/05/2023 - DCBL send Notice of Debt Recovery to NEW ADDRESS. I receive the letter. Shocked I call the company. Tell me to pay 170 or go to court.

I change address on V5C

15/05/2023 - Send an email to all these email addresses trying to get through to Highview to get the original PCN as have no idea what the PCN was even for exactly and asking for evidence as know I went in and out of car park twice. No-one replies.

info@groupnexus.co.uk <info@groupnexus.co.uk>; mail@highviewparking.co.uk <mail@highviewparking.co.uk>; appeal@appealpcn.co.uk <appeal@appealpcn.co.uk>

- Spend much time after this received calling DCBL, who say pay or go to court and then trying to get through to Highview, to no avail to explain the situation.

- Go to old address and find the original PCNs sitting there with the new owner.

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24/05/2023 - Final reminder from DCBL

22/06/2023 - Final Notice of Debt Recovery

19/07/2023 Notice of intended legal action

08/08/2023 - DCBLEGAL Civil and commercial litigation Solicitors - Solicitors reminder letter asking for 170 pounds

06/09/2023 - DCBLegal Letter of Claim

11/10/2023 - Civil National Business Centre from County Court for 263.24 including legal fees etc.

[des8]

You have left it a bit late !
Acknowledge the claim, do not enter a defence.

Have you identified the driver(s) in any of your correspondence?

Post up copy of claim, first removing identifying details
Post up full copies of PCNs, again removing identifying details but leaving in all dates and times
Photos of parking signs might be useful if you can obtain them

[Boop]

The signage you can see properly is from another carpark with similar information. The other one is from google maps of the carpark in question at Treliske and obviously not that legible. But can almost read it by cross referencing.

[Boop]

can you see the attachments there?

[des8]

attachments readable, but have you identified the driver when trying to correspond with them?

[Boop]

Yes - in emails that have been ignored and when trying to talk to debt collectors about the situation on the phone.

[des8]

Identifying the driver makes it difficult to raise a defence, so let's hope they haven't kept a record of contacts!

The defence that the driver went in and out of the carpark and so was absent for a portion of the recorded time won't work as one of the conditions is "no return within an hour"

Here's a template defence that might elicit more information and so improve the defence
It is a template and it is for the defendant to amend as he sees fit, and not totally rely upon it.

1.The Defendant received the claim xxx from the CCBC on xxx

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be a parking charge following a breach of contract

4. The Claimant's Particulars of Claim are unclear on whether the Defendant was the driver or was the keeper of the vehicle at the time of the alleged incident.

5.It is admitted that the Defendant is the registered keeper of Vehicle xxxx is reg

6.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess The Defendant's position with regards the claim.

7.The Defendant respectfully requests the court orders the Claimant provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.