Paintbrush vs DCB Legal - Writing Defence

Redx

Paintbrush123 said:

Thank you Umkomaas - I presume the landowner is the name of the retail park who employ Highview Parking?

It may be , but more likely that a managing agent hired the parking company on behalf of the landowner if it's a retail park

The landowner could be intu or British land , or a pension company , or investment firm etc

Not many retailers own the land , so never assume , always check , this forum is littered with false assumptions

Umkomaas

Paintbrush123 said:

Thank you Umkomaas - I presume the landowner is the name of the retail park who employ Highview Parking?

That's where you'll need to do a bit of digging. If you can't easily find the actual landowner straight off, here are a few ideas for you to try:

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for £3 they will provide definitive detail

8. Give us the name of the car park, we may have seen other cases there. 

KeithP

Paintbrush123 said:

Date of Issue was 5th February 2021

Paintbrush123 said:

I filled out the AOS on the 8th February and it was acknowledged today (9th February)

Paintbrush123 said:

I have now completed and submitted my “AOS” which has been acknowledged and in the process of writing my Defence. Please note that my day of service is 10th February, so I think I have up until 10th March to plan my defence?

By filing an Acknowledgment of Service on 9th February, you have effectively confirmed to the CCBC that the Date of Service was 9th February.

With a Claim Issue Date of 5th February, and having filed an Acknowledgment of Service on 9th February, you have until 4pm on Tuesday 9th March 2021 to file your Defence.

That's four 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.

Paintbrush123

Redx said:

Email a SAR to group Nexus to their DPO to obtain all your data

Thanks Redx. Can you please confirm something like the below is okay? I am going to send this to: dpo@groupnexus.co.uk. 

Q1. I saw on the Newbies thread it mentions these can take 30x days to get back but I only have 28 until my defence is due – so is this going to help me? 

Q2. I also saw on the newbies thread that I should mail the solicitor (DCB Legal) and state: “I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.” I presume I cannot do this as they have already put a N1 in rather than a LBC? Should I still do this and ignore part (a)?

 

Good Evening,

I would like to see a Subject Access Request for the following of my vehicle registration number: “XXX”. I have attached proof that I am the correct data subject.

- ALL photos taken

- all letters/emails sent and received, including any appeal correspondence earlier

- IF the car park is Pay and Display, a PDT machine record from that day, of payments made – if the car park is not pay and display please confirm

- all data held, all evidence you will rely on, and a full copy of the PCN, NTK

- a list of all PCNs outstanding against me and/or this VRN. Reminder that any claim must be for all PCNs, not several separate claims.

Thank you in advance!

Redx

1) as mentioned in numerous other threads , a defence is not dependent on a SAR reply , but a WS later on may do

2) correct , that advice is only prior to or at the LBC stage , not when a court claim has been issued

The SAR seems ok to me , add proof of I D to it , otherwise they will bounce it back

KeithP

Paintbrush123 said:

Redx said:

Email a SAR to group Nexus to their DPO to obtain all your data

Q1. I saw on the Newbies thread it mentions these can take 30x days to get back but I only have 28 until my defence is due – so is this going to help me? 

That's ok. Most of the information returned is likely to be more useful at Witness Statement and evidence time.

Paintbrush123 said:

Redx said:

Email a SAR to group Nexus to their DPO to obtain all your data

Q2. I also saw on the newbies thread that I should mail the solicitor (DCB Legal) and state: “I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.” I presume I cannot do this as they have already put a N1 in rather than a LBC? Should I still do this and ignore part (a)?

It's now too late for that letter. Forget it.

Umkomaas

There is a link in the NEWBIES FAQ sticky, second post, to a LegalBeagles template to use for a SAR. Utilise that. 

Paintbrush123

Thanks all for your responses, still on my "to do" list is:
1. Send my SAR to Nexus Group - Thanks for all the help above, checked out a couple of other threads too. 
2. Find out the landowner and write to them. 

I have spent this evening studying some of the defences written and come up with the following which I think is better than my initial. I have also been trying to read and understand the cases mentioned in the defence particularly the Beavis case which notably took place after my "offence" - is this worth noting?

2. It is admitted that the Defendant was the registered keeper and driver of the mentioned vehicle in question on that day, but liability is denied. Whilst many parts of this defence are common knowledge to perhaps both the Claimant and/or their legal representatives, this has taken hours of research by the Defendant in order to gain some knowledge of basic law concepts, codes of practice and more specifically Private Parking Charge Notices.

3. Whilst the Defendant cannot remember the reason for their visit on 29th March 2015, the Defendant was a very frequent visitor to the retail park and cannot recall sighting any signage displayed that suggested there is a maximum time allocation to which the Defendant would be charged if they overstayed.

Paintbrush123

Umkomaas said:

Paintbrush123 said:

Thank you Umkomaas - I presume the landowner is the name of the retail park who employ Highview Parking?

That's where you'll need to do a bit of digging. If you can't easily find the actual landowner straight off, here are a few ideas for you to try:

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for £3 they will provide definitive detail

8. Give us the name of the car park, we may have seen other cases there. 

Hi Umkomaas, 
Apologies, I missed point 8 - the car park is Waterfields Retail Park, Watford. 

Coupon-mad

I can't see which PPC is the claimant, because it isn't DCBLegal!   You are not versus the solicitor who happens to have filed the claim.

Please tell us which PPC this is.

Given that the time to claim was going to be up once you reached 6 years, this is damn frustrating.  All you had to do at LBC stage was reply and ask for 30 days 'on hold' while you sought debt advice and you'd have timed them out.  Too late now, but arrrrrghhh!  You were so close to the 6 years, one email would have timed the claim out.