Paintbrush vs DCB Legal - Writing Defence

Paintbrush123

Coupon-mad said:

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.

The claimant is Highview Parking Limited which I believe is now Group Nexus from what someone else stated. 
Ahh, I knew I was close but didn't realise I could have done that - head in the sand jobby unfortunately so I accept it as it comes. Hindsight and all that ...  

Coupon-mad

OK, as it is Highview, who never use the POFA, why are you admitting to driving and not adding in a paragraph about the Claimant not using the POFA, as has been discussed and seen in other recent Highview defences?  I have no links, I am just remembering we've seen defences about HIghview recently.  Search the forum.

Paintbrush123

Coupon-mad said:

OK, as it is Highview, who never use the POFA, why are you admitting to driving and not adding in a paragraph about the Claimant not using the POFA, as has been discussed and seen in other recent Highview defences?  I have no links, I am just remembering we've seen defences about HIghview recently.  Search the forum.

Hi Coupon, thanks a lot. Ill have a search round and also start to educate myself on POFA as I am unaware of what this means! Apologies, I am trying my best

Paintbrush123

Okay, so I have spent the last hour painfully reading POFA and trying to apply it to make sense to me case. 
First things first I truly believe they never even sent me a NTK - I used to be extremely regimented in documenting. I think my first correspondence on the matter was  "Charge Notice" on the 8th April 2015 - 11x days after my "offence" (which I still have along with the next 2/3x letters). Does the NTK have to state it is a NTK or can it be a Charge Notice with hidden NTK purposes?
Within the body of that first Charge Notice they do seem to have ticked off a few of the POFA guidelines (we don't know the driver etc. etc.) but not them all, things such as; stating how much was due specifically at what date and in general being a bit slack with stating "the day after notice". Do I need to mention the POFA act Schedule 8/9 as that seems to be more their downfall or do I need not bother per the Defence template which states Schedule 4 (which in turn mentions 8/9).

KeithP

Paintbrush123 said:

First things first I truly believe they never even sent me a NTK - I used to be extremely regimented in documenting. I think my first correspondence on the matter was  "Charge Notice" on the 8th April 2015 - 11x days after my "offence" (which I still have along with the next 2/3x letters). Does the NTK have to state it is a NTK or can it be a Charge Notice with hidden NTK purposes?

That is your Notice to Keeper. No, it doesn't have to say Notice to Keeper on it.

Can you show us redacted pictures of both sides of that NtK with all dates showing.

Paintbrush123

KeithP said:

Paintbrush123 said:

First things first I truly believe they never even sent me a NTK - I used to be extremely regimented in documenting. I think my first correspondence on the matter was  "Charge Notice" on the 8th April 2015 - 11x days after my "offence" (which I still have along with the next 2/3x letters). Does the NTK have to state it is a NTK or can it be a Charge Notice with hidden NTK purposes?

That is your Notice to Keeper. No, it doesn't have to say Notice to Keeper on it.

Can you show us redacted pictures of both sides of that NtK with all dates showing.

Sure Keith. Do you need the times I entered / left too or can I delete them? ... I will remove my number plate obviously but can I remove the full pictures of my vehicle?

Paintbrush123

Please see below for redacted pictures. If you need any more info please let me know?

Umkomaas

The NtK is miles off being PoFA compliant. It doesn't even attempt to transfer liability from the driver to the keeper. Remove any reference from your defence as to who the driver was. If your car insurance policy names other household members as drivers, and given the fact that it was an unremarkable day almost 6 years ago, how is anyone expected to remember who was driving the car.  Even if no one else is actually named on the policy, there are millions of others who could have legitimately driven the vehicle with your permission. 

Build enough into the defence about Highview's inability in law to pin this on the keeper and they would be crazy to cause the court to have to deal with a wholly unsustainable claim with no basis in law. You'd tee them up for unreasonable behaviour costs.  My guess would be they'll drop it, but you'll need to play the game for a little while longer. 

D_P_Dance

No the landowner is the entiy which owns the land, perhaps a bank or a pension fund.  Goggle "how do I find a landowner".  Have you complained  to your MP?

Umkomaas

Paintbrush123 said:

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. 

There are a number of threads about this retail park. Use the search engine (magnifying glass symbol near top of forum thread list) and simply type in 'Waterfields & Retail' and hit the enter button. 

Have a read of the results and see if there's anything therein to help you.