EDIT: WITNESS STATEMENT : Highview parking DCB legal

D_P_Dance

They added £70 debt collector charges to the original £70 PCN , 

Read this,

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Coupon-mad

Why are you admitting to driving, to a PPC that can't hold keepers liable?  Is it because you already blew that by appealing and saying who was driving, in 2015?  No-one is defending Highview cases like this, in fact people are saying it's too long ago to know who was driving (as long as they didn't alr4eady blab about that, years ago) and defendants are being encouraged to point out to the court that the Particulars of Claim are (in fact and law) untrue. 

The POC for these exact same batch of claims this month  say that 'the D is liable as driver or keeper' but Highview KNOW that is untrue.  And they've signed under a statement of truth, which is potentially a contempt of court because the Claimant KNOWS they have chosen never to use the POFA 2012 and still don't!  They CANNOT take a keeper to court and hold them liable, so the POC is an untruth.

I suggest you simply read the other HIghview thjreads from this month as I;m getting bored of repeating myself.  This has been done to death this past week and is there on several Highview threads for you to read and learn from (no links...they are recent)..

I have an update - I have received a Claim Form.  

The problem I have is that in writing my defence, I don't have any evidence as this took place in 2015 (June 13th). 

Jeez it's six years old and was about to be to late to claim!   This month, you were WEEKS from timing this out and making it impossible for them to issue a claim, at all.  All you had to do was keep slowly responding to the last letters/LBC. 

All you needed was to ask some questions in March/April and you'd have likely timed out the claim entirely.  What a shame you didn't come back here in the Spring!  So frustrating.  You could have avoided this claim entirely.

KeithP

Hpralmo said:

beamerguy said:

Assume the claim form is from DCBL.

What are they asking for, how much and have they said the amount incudes DAMAGES

Was it signed as a statement of truth by Yasmin Mia ??

The issue date is 21 April. I have just done the acknowledgement of service.

With a Claim Issue Date of 21st April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th May 2021 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Hpralmo

Coupon-mad said:

Why are you admitting to driving, to a PPC that can't hold keepers liable?  Is it because you already blew that by appealing and saying who was driving, in 2015?  No-one is defending Highview cases like this, in fact people are saying it's too long ago to know who was driving (as long as they didn't alr4eady blab about that, years ago) and defendants are being encouraged to point out to the court that the Particulars of Claim are (in fact and law) untrue. 

The POC for these exact same batch of claims this month  say that 'the D is liable as driver or keeper' but Highview KNOW that is untrue.  And they've signed under a statement of truth, which is potentially a contempt of court because the Claimant KNOWS they have chosen never to use the POFA 2012 and still don't!  They CANNOT take a keeper to court and hold them liable, so the POC is an untruth.

I suggest you simply read the other HIghview thjreads from this month as I;m getting bored of repeating myself.  This has been done to death this past week and is there on several Highview threads for you to read and learn from (no links...they are recent)..

I have an update - I have received a Claim Form.  

The problem I have is that in writing my defence, I don't have any evidence as this took place in 2015 (June 13th). 

Jeez it's six years old and was about to be to late to claim!   This month, you were WEEKS from timing this out and making it impossible for them to issue a claim, at all.  All you had to do was keep slowly responding to the last letters/LBC. 

All you needed was to ask some questions in March/April and you'd have likely timed out the claim entirely.  What a shame you didn't come back here in the Spring!  So frustrating.  You could have avoided this claim entirely.

No, I never did make an appeal at all I just ignored them. 

Sorry I did't see those I just came straight back to my own thread to get advice! 

I really did use all the time I could to respond to the LBC, asked them for extra time while I made an information request ect... not sure how I could have held them off much longer really. 

In March/April I had heard nothing more from them since they said they would take me to court, only just got the claim Form opn the 21st. I didn't realise there was something I could do to have delayed them?

When I asked for help in December it would have been great to point out all these things I could have done! 

Thanks anyway!

Hpralmo

D_P_Dance said:

They added £70 debt collector charges to the original £70 PCN , 

Read this,

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Is this something that I could include in my defence do you think? Also, where is this form? Am I allowed to copy it word for word?

Hpralmo

Coupon-mad said:

Why are you admitting to driving, to a PPC that can't hold keepers liable?  Is it because you already blew that by appealing and saying who was driving, in 2015?  No-one is defending Highview cases like this, in fact people are saying it's too long ago to know who was driving (as long as they didn't alr4eady blab about that, years ago) and defendants are being encouraged to point out to the court that the Particulars of Claim are (in fact and law) untrue. 

So should I actually just not admit to driving at all and you think it will not be defended? As I have not yet said I was driving!

Le_Kirk

Hpralmo said:

Coupon-mad said:

Why are you admitting to driving, to a PPC that can't hold keepers liable?  Is it because you already blew that by appealing and saying who was driving, in 2015?  No-one is defending Highview cases like this, in fact people are saying it's too long ago to know who was driving (as long as they didn't alr4eady blab about that, years ago) and defendants are being encouraged to point out to the court that the Particulars of Claim are (in fact and law) untrue. 

So should I actually just not admit to driving at all and you think it will not be defended? As I have not yet said I was driving!

Just ask yourself what you will say when the judge asks you "were you driving?"  If you can honestly say you weren't then, as @Coupon-mad points out the PPC cannot hold the keeper liable.

D_P_Dance

Is this something that I could include in my defence do you think? Also, where is this form? Am I allowed to copy it word for word?

Yes, the County court, and yes.  

Coupon-mad

Hpralmo said:

Coupon-mad said:

Why are you admitting to driving, to a PPC that can't hold keepers liable?  Is it because you already blew that by appealing and saying who was driving, in 2015?  No-one is defending Highview cases like this, in fact people are saying it's too long ago to know who was driving (as long as they didn't alr4eady blab about that, years ago) and defendants are being encouraged to point out to the court that the Particulars of Claim are (in fact and law) untrue. 

So should I actually just not admit to driving at all and you think it will not be defended? As I have not yet said I was driving!

Just copy what you see already said in the shedload of other Highview Claims - you will get it when you read it.  Saves us repeating it and gives you confidence.

Hpralmo

 I would rather win based on the added charges and frustration of contract - does anyone think this is possible?