EDIT: WITNESS STATEMENT : Highview parking DCB legal

Hpralmo

I am in Norwich and the PCN is from riverside retail park A

Redx

Ok , email a SAR to HIGHVIEW to their DPO , attaching a copy of the claim form and also a recent redacted utility bill as proof of I D under the GDPR law ( not your passport or driving licence) to obtain all your data and documents , if you haven't already done this ?

I hope that you did the AOS online and not by post ?

Adapt paragraphs 2 and 3 from the coupon mad template and post them below , do not post the rest of the template defence because there are no changes , so only your changes need checking , we will help you to make them as good as possible (you are not on your own)

Hpralmo

Redx said:

I replied on a similar complaint the other day , and said try Google Street view , I even found pictures on gsv and posted links , although it was a place in Birkenhead , so not your location. Giving us location details can assist. It is the claimants job to show signage etc , in a few months time

The coupon mad defence template is what you should adapt , and include that frustration of contract argument

But First , post the issue date from the claim form below

This is great advice I have now found images from 2012 and 2017 both showing tiny writing. But also, that the amount charged is £70 reduced to £42 if paid in 14 days. So where they have got £140 for the PCN and damages I don't know. 

However, as earlier in the post, when I confronted DCBL about this they gave me some legal talk which I thought meant they were allowed to do this, but I think they are not, right?

Redx

Forget what the claimant or dcb legal told you

They added £70 debt collector charges to the original £70 PCN , which is covered in the template

A loss in court is typically £70 PCN + £25 Court fee + £50 legal fees = £145 , not nearly double , for a single PCN

Please get on with adapting those 2 paragraphs and post them below , not worrying about what the sc*mmers told you ( Plus emailing your SAR to the DPO at HIGHVIEW)

Hpralmo

I have tried to amend the defence and would appreciate suggestions on this - if I say there is frustration of contract does that not imply that I knew I was in a contract? 

___________________

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3.  The Defendant could not visibly see the terms of parking on the signs in the car park as the text was too small to be read. The Defendant attempted to leave the car park within the allotted time, but was unable to do so due to heavy traffic amounting to frustration of contract.

Le_Kirk

Hpralmo said:

I have tried to amend the defence and would appreciate suggestions on this - if I say there is frustration of contract does that not imply that I knew I was in a contract? 

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3.  The Defendant could not visibly see the terms of parking on the signs in the car park as the text was too small to be read. The Defendant attempted to leave the car park within the allotted time, but was unable to do so due to heavy traffic amounting to frustration of contract.

Maybe: -

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. 
3.  The Defendant could not visibly see the terms of parking on the signs in the car park were not readable as the text was too small to be read. The Defendant attempted to leave the car park within the allotted time, but was unable to do but was prevented from doing so due to heavy traffic the number of cars trying to leave at the same time [volume of traffic passing the exit of the car park]* amounting leading to frustration of contract.

*Use one or both of those phrases depending upon which was true.

Hpralmo

Redx said:

Ok , email a SAR to HIGHVIEW to their DPO , attaching a copy of the claim form and also a recent redacted utility bill as proof of I D under the GDPR law ( not your passport or driving licence) to obtain all your data and documents , if you haven't already done this ?

I hope that you did the AOS online and not by post ?

Adapt paragraphs 2 and 3 from the coupon mad template and post them below , do not post the rest of the template defence because there are no changes , so only your changes need checking , we will help you to make them as good as possible (you are not on your own)

Yes I did the AOS online, and I have already got a SAR from them with photos of me entering and leaving the car park. It doesnt show any other cars in the photos thogh so I can't use it to back up my own claims really!

Hpralmo

Redx said:

Forget what the claimant or dcb legal told you

They added £70 debt collector charges to the original £70 PCN , which is covered in the template

A loss in court is typically £70 PCN + £25 Court fee + £50 legal fees = £145 , not nearly double , for a single PCN

Please get on with adapting those 2 paragraphs and post them below , not worrying about what the sc*mmers told you ( Plus emailing your SAR to the DPO at HIGHVIEW)

With the debt collectors charge, should I include the actual amounts somewhere? As in the template it gives examples of others but would the Judge know what exact amount had been added on in this case?

I suppose they will see the car parking signage which says £70 on it at some point!

Redx

All drivers are in as contracts when they park on private property or council property , car parks , roads , etc , even if they were unaware of it , as long as it's not prohibited in which case it's Trespassing on private property ( but not in this case because parking was permitted) or a traffic violation on a public road

The act of parking on that car park created a contract by the driver with the Parking company , as did the company have obligations to the driver as well , including not obstructing them or preventing them leaving !!

Redx

Hpralmo said:

Redx said:

Ok , email a SAR to HIGHVIEW to their DPO , attaching a copy of the claim form and also a recent redacted utility bill as proof of I D under the GDPR law ( not your passport or driving licence) to obtain all your data and documents , if you haven't already done this ?

I hope that you did the AOS online and not by post ?

Adapt paragraphs 2 and 3 from the coupon mad template and post them below , do not post the rest of the template defence because there are no changes , so only your changes need checking , we will help you to make them as good as possible (you are not on your own)

Yes I did the AOS online, and I have already got a SAR from them with photos of me entering and leaving the car park. It doesnt show any other cars in the photos thogh so I can't use it to back up my own claims really!

Not pictures of you , picture's of the vehicle entering and leaving , including the VRM details on the number plate , they do not monitor movements of people , pedantic but true. 

A good start so far , but you have another 3 weeks to improve your defence