Claim form issued 2015

Bazzoh

Good morning all
i have received the attached amend was pointed towards this forum and the newbie thread.

Would i be right in thinking the first step is to acknowledge the service and then request any data held from Highview Parking and that all this should be done online?


whilst i have no documentation relating to this, i do remember the ticket (was a post incident debrief following an incident i responded to!) and was assured by the manager of the store i visited (mcdonalds) that it would be sorted - obviously it never has been!

Having never been faced with this before, i am more than grateful for any advice just to make sure i get this right!

many thanks
Barry

D_P_Dance

That claim form surely ncontains unlawful amounts.  Have you read this?

Excel v Wilkinson

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''.


Hve you complained to your MP?

 

Redx

We can see your VRM and MCOL password in that image

Issue date is 21 April 2021

Yes login to MCOL and do the AOS online , not by post

Yes email a SAR to the DPO at HIGHVIEW , group Nexus , to obtain all your data attaching a copy of the claim form to the request

Make a new complaint to the landowner or retailer or CEO to try and get this cancelled asap

Read the coupon mad Defence template , adapt paragraphs 2 and 3 and post them below for critique

That total is nearly treble the PCN figure , it should be £200 or less for one PCN , double recovery and probably abuse of process

Coupon-mad

Just copy any other Group Nexus defence (look at CP Plus ones from this month) because you need the sentence that Highview don't use the POFA and cannot hold a registered keeper liable, therefore the statement ''D is liable as the driver or keeper'' is untrue and offends against the statement of truth signed under this claim, subject to possible contempt of court  The Claimant knows it has never used the POFA and has never been able to hold registered keepers liable in law (their choice) and cannot now make untrue statements in their Particulars of Claim, hoping Defendants and courts are unaware that not all parking firms use the keeper liability law.. 

It is a potential contempt that this Claimant/their legal firm are signing off an untruth in every case and have filed a batch of old claims.

beamerguy

The claim from DCBL is fake.  THERE IS NO SUCH THING AS DAMAGES 

This is Yasmin Mia again signing a statement of truth which is NOT TRUE.

The contract they say which can only be the signage, claims they are entitled to damages ??

Right now a court day is a long way away as the courts are recovering from covid.  So, send a SAR to Highview to obtain the info they hold on you including the signs they used in 2015.

Then if you can go back to the site and take pictures of the current signs, you need to do that quickly

Post the pictures here

The question is ... did Highview instruct DCBL to claim for damages or have DCBL changed tactics because they know they will fail with the down to death "debt collector charges"

The main concern right now is that Yasmin Mia is signing these claims as a statement of truth

Do I recall that Yasmin Mia signed claims for BWL ??

Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth ..... Contempt being one

KeithP

With a Claim Issue Date of 21st April, you have until Monday 10th May to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 24th May 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Bazzoh

Thank you so much to all you for your time to reply!
I will get on with things tonight.

I haven’t gone to my MP yet, would it be my current one  or for the area in which the ticket was issued (moved about 200 miles away from there!)
I will try and get an image of the current sign sent to me if I’ve got someone able to get one

again, many thanks to you all for your help so far!

Umkomaas

Your own MP, and ask them to copy in their counterpart in the area in which the parking event took place, so they are aware of what is going on in their constituency and just how much visitors are being harassed in their area. 

Redx

Your own MP , they act on your behalf , they always do
You can ask them to copy in the MP for the location

Ralph-y

do you know what date this dastardly deed to place ?

Ralph

The_Slithy_Tove

This seems to be the second or even third DBCL claim we have going for an event 6 years ago. There could well be more.

Chances are the PPC doesn't still have all the details they need from so long ago, such as photos of signage, watertight contracts, both landowner and the one allegedly made by the driver.