Highview Parking chasing up 4 ½ years old PCN

arouz

Right, here are my 2 paragraphs for the defence:

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

3. The Defendant does not remember whether they were the driver on those specified dates and times, as the first time they heard about these parking charges were in November 2020 via post, which means that the incidents occurred 4 ½ years ago.
Therefore, it is extremely unlikely for the Defendant to remember whether they were driving and what happened on those specified dates.
The Defendant feels extremely harassed by the bombardment of ‘debt recovery’ letters, as well as that, the Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.
Also, the Defendant and their family has used the car park numerous times as a shopper in Morrisons's as well as attended the Gym countless times by using the car park, unaware of any parking restrictions.

Le_Kirk

arouz said:

Thanks @Redx , @KeithP and @nosferatu1001 for guiding me into the right direction.
I've gone ahead so far and done the AOS as well as sent a SAR to them and an email to their Legal team.
I'll get onto the defence now and will post it up here once done.

If you are using @Coupon-mad's template, PLEASE only post paragraphs 2 & 3 for critique.  The rest is standard and doesn't need checking.

KeithP

The last sentence of para 3 may work against you, but see what others say.
It could perhaps be reasonably argued that such a frequent visitor to that car park would surely have seen the signs on more than one occasion.
On balance, I think I would be inclined to leave that sentence out.

Le_Kirk

KeithP said:

The last sentence of para 3 may work against you, but see what others say.
It could perhaps be reasonably argued that such a frequent visitor to that car park would surely have seen the signs on more than one occasion.
On balance, I think I would be inclined to leave that sentence out.

I would agree, leave it out.  You paragraph 3 is disjointed with some repetition.  Your key point, that the PPC has failed the requirements of POFA to hold the keeper liable is buried at the end of a sentence.  It should be given prominence.  Not sure that the judge is going to be interested in a bombardment of debt collector letters, maybe save that for the witness statement, if you are trying for unreasonable behaviour to increase the amount of costs that you claim.  In itself it is not a defence point.

beamerguy

arouz said:

@beamerguy
1: How many parking tickets and how much was each one
From checking the PCN online on Highview's portal, I can see that there are 3 tickets, each to the sum of £165.
In the form it states that:
"AND THE CLAIMANT CLAIMS
1. £495 being the total of the PCN(s) and damages
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.11 until judgement or sooner payment.
3. Costs and court fees"

2: It will be a legal handling this ..... who is it
The legal according to the Claim Form is DCB Legal Ltd by some lady called Yasmin Mia who is the Claimant's Legal Representative.

This is getting close to fraud.   A parking ticket has never been or will ever be £165.

DCBL are trying to extort money from you
What does Yasmin Mia know about the claim to sign a statement of truth when she was never there and is working on heresay from a scammer ?

Why has Yasmin Mia signed a statement of truth that the ticket is £165
THAT IS A BLANTANT LIE

The claim is fake, a judge will easily see that and DCBL will once again enter into their car crash
 

arouz

Hi all,
Ok, here's my revised 3rd paragraph:

3. The Defendant does not remember whether they were the driver on those specified dates and times due to the amount of time that has passed, as the first time they heard about these parking charges were in November 2020 via post, which means that the incidents occurred 4 ½ years ago.
The Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

@beamerguy I feel the same that these charges are extraordinary and don't make any sense. As per their calculation the stupid interest rates are also building up on there per day.
What do you suggest the next step is from here, all?

arouz

I've made an SAR with them, and they've asked me to provide the following for them:


According to the Newbie Thread by @Coupon-mad it mentions that I shouldn't provide any intrusive ID. What should I tell them here so that they don't refuse my request?
Also, I don't think I have anything from the DVLA to state that I was the registered keeper of the car anymore, as it's been more than 4 years. What should I do in that instance?

Le_Kirk

arouz said:

I've made an SAR with them, and they've asked me to provide the following for them:

According to the Newbie Thread by @Coupon-mad it mentions that I shouldn't provide any intrusive ID. What should I tell them here so that they don't refuse my request?
Also, I don't think I have anything from the DVLA to state that I was the registered keeper of the car anymore, as it's been more than 4 years. What should I do in that instance?

You report them to the ICO; there is no requirement in the GDPR for you to supply photographic evidence - after all, do they have a database of everyone in the country to which to compare your passport?  A passport contains no address information.  A DL may have a different address to the V5C.  All you should nee to send is a copy of the V5C and a copy of the PCN or whatever else they sent to YOUR address.  If you don't have the V5C (perhaps you've since sold the vehicle) a redacted utility bill should suffice.

Redx

As above , I would send copies of 2 redacted utility bills , plus a note stating that you were the RK registered with the DVLA at the time

Do not supply copies of the passport or driving licence , or driver details either

Give them 7 days to comply 

Redx

As above , I would send copies of 2 redacted utility billsand a copy of the claim form  , plus a note stating that you were the RK registered with the DVLA at the time

Do not supply copies of the passport or driving licence , or driver details either

Give them 7 days to comply  , in writing , to the address listed on the claim form (your address)

Also copy in dcb legal and tell them to remind their client of their true obligations under the GDPR , including requirements