5 and half year’s court claim/Highview

Gracious2

Court claim letter from Highview Parking Ltd for one ticket dating back to 2015.  Represented by DCB legal Ltd.

Claim issue date: 23- April-2021.

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle ….. at …..

2. The PCN details are ……..2015. 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the POCN(s) is outstanding. The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS

1.  £140 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 £0.04 until judgment or sooner payment.

 

3. Costs and court fees 

Amount claimed – 202. 78

Court fee - 25.00

Legal representative's Costs - 50.00

Total amount – 277.78

Signed by Yasmin Mia

What have I done so far? 
Requested SAR from Highview via GroupNexus
Responded to the AOS 24/05/2021

Working on the defence…

Tried emailing CEO but email bounce back….. bit stuck

 

Gone through ‘’newbies’’ thread but I feel stuck as I’m still not sure how to go about this case after those years.  

Thank you. 

KeithP

Please tell us when exactly you filed an Acknowledgment of Service.

You have told us nothing about what happened nor where it happened.

Didn't the NEWBIES thread give you any clues?
Last time you fought a claim you wrote a Defence - remember?


After all the help you got with your earlier case against NPE, you never did tell us the outcome.

Gracious2

AOS filled 24/05/2021

Overstayed in Riverside retail park Norwich. I honestly can't remember anything after that long. I received a first debt letter from DCBL Dec 2019, Followed by another Jan 2020 (have the letters). I rang a couple of the stores in Jan 2020 and complaint, but one of the store managers stated that the car park is now run by the new management, probably why they are resurfacing these claims. Obviously they took the ticket number but here we are.. 

Yes, i read the NEWBIES thread but im just confused. I lost the case with NPE.

Coupon-mad

 D is liable as the driver or keeper.

Well, that's a lie because Highview have never used the POFA, so you need to copy the wording on that from any other Group Nexus defence. 

Look at court threads from this month, about CP Plus, exactly the same applies and loads of people have already written the wording needed about the ticket being so old that it's not possible to know who was driving, but that the Claimant has never used the POFA 2012 keeper liability law, so the allegation that the 'D is liable as the driver or keeper' is not only denied, but it offends against the statement of truth relating the the Particulars of Claim because it is known to be untrue that this Claimant can hold any keepers liable.

KeithP

Gracious2 said:

AOS filled 24/05/2021

Are you sure?
It is only 25th April today.

Did you file the Acknowledgment of Service online - as described in the NEWBIES thread?

Umkomaas

I lost the case with NPE.

You could have so easily have told us that at the time. There was a significant input from volunteers giving their own time freely to you, yet no feedback.  Why?  I think anyone now helping you deserves to know you will not ignore them at the end of your current difficulties. 

https://forums.moneysavingexpert.com/discussion/6024995/county-court-letter/p1

beamerguy

Coupon-mad said:

 D is liable as the driver or keeper.

the allegation that the 'D is liable as the driver or keeper' is not only denied, but it offends against the statement of truth relating the the Particulars of Claim because it is known to be untrue that this Claimant can hold any keepers liable.

Signed by Yasmin Mia ?    only last week we saw another "statement of truth" by this person ?

CLAIMING DAMAGES ........ WHAT DAMAGES ?    In this case, did Highview instruct them to charge for damages or is this part of the dream world these legals live in ?

It is surprising that DCBL let Yasmin sign a statement of truth when ... IT'S NOT TRUE.

It is about time the courts applied "contempt"  to these cases

D_P_Dance

As a result of the false s6tatement, why not ask that the claim be dismissed.  

Gracious2

Thank you, everyone - advised taken on board. Reading through the current thread... I Will post #2 #3 defence later.

@KeithP i meant 24 April 2021

1. GroupNexus have responded to SAR requested demanding ids. Validation of a Subject Access

•           Passport or driving licence

•           Utility Bill

•           Confirmation from the DVLA that you were the registered keeper of the vehicle on the date in your request

2.  I followed the advice on the thread, responded with (Claim form and Utility bill)and asked them to post SAR to the address provided.... plus email DCBL re awkward client 

3. Here is their second response when i declined to email them my ID:

Whilst we appreciate that completing an in-house form is not a requirement under the legislation, we find that it helps individuals formalise their requests and focus on what is required which assists us in locating and processing your request as quickly and efficiently as possible.

We are however required to validate your identity before we are able to process your request and release any personal data. Our validation processes have been reviewed by the supervisory authority, the ICO, who have confirmed that our requests for validation documentation in these circumstances are compliant. 

Please note that your DSAR 30-day timescale does not apply until your identity has been validated.Yours faithfully,GroupNexus   

.....
4. I have requested V5C from DVLA 

Le_Kirk

You should NOT send DL or passport or anything with a photo.  See this: -

Do you need to share your passport? 
The Information Commissioner’s advice to individuals is that ‘less is more’ and it is not wise to share information about yourself in order to reduce the risk of identity theft. (https://ico.org.uk/your-data-matters/identity-theft/).   Sending your passport or driving license to an organisation can put you at risk if you (and they) don’t know what you are doing.  You can be putting a lot at risk. 

Umkomaas

Complain to the ICO about the excessive demands for ID placed on you by Group Nexus. Copy all their correspondence to the ICO.  Ask them in particular to comment on whether they have in fact confirmed this:

Our validation processes have been reviewed by the supervisory authority, the ICO, who have confirmed that our requests for validation documentation in these circumstances are compliant.