Claim form issued 2015

Bazzoh

Third file

Redx

The different issue dates give it away , so the first date is the NTK PCN invoice , cannot be POFA compliant because HIGHVIEW never comply with POFA , on timescales or wording or both

So is likely to be non POFA compliant , so defend as keeper , include POFA , etc , adapting your Defence to suit , posting your latest draft below , assume the gsv photos are correct.  Inadequate poor signage , misleading information due to the prominence of 3 hours during the day

Forget about the SAR reply , you have all 3 documents there , letter 2 is the reminder , letter 3 is the too late letter , letter 1 is the only one that counts

Bazzoh

Thanks @Redx
The defence so far reads (paragraphs 4 onwards are the template from the newbies thread).

DEFENCE

____________________

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant was not the only insured driver of the vehicle photographed and the claimant has not proved who was driving.

3a). The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant Highview Parking Limited for a Total amount of £302.01 (inclusive of £25 Court Fee & £50 Legal representative's costs). Through research, the Defendant has come to understand that this relates to a PCN that was issued against the Defendant’s vehicle ******* over 5 years ago on 3 July 2015 at The Rock Retail Park, Birkenhead.

3b). The Defendant as the registered keeper of the vehicle in question notes that they cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012 ('PoFA'), Schedule 4.

3c). In the Particulars of Claim ('POC') it is stated that the Defendant is liable as the driver or keeper but the Claimant has failed to provide any evidence that Defendant was also the driver. The Defendant cannot be held liable for the charges as the keeper of the vehicle. 

3d). Following on from [b] & [c], where it is noted that the Claimant has elected not to comply with the 'keeper liability' requirements set out in PoFA, Claimant has included a clear falsehood in their POC which were signed under a statement of truth by the Claimant's legal representative who should know (as the Claimant undoubtedly does) that it is untrue to state that the Defendant is 'liable as keeper'.  This can never be the case with a Highview Parking Limited claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition.  Not only does the POC include this misleading untruth, but the Claimant has also added an unidentified sum in false 'damages' to enhance the claims.  So sparse is their statement of case, that the Claimant has failed to even state any facts about the alleged breach or the amount of the parking charge that was on the signage, because it cannot have been over £100. Which then leads to the question, how does the Claimant arrive at the Amount Claimed for a Total of £227.01. Defendant has excluded the £25 Court Fee & £50 Legal representative's costs from the Total amount for the purposes of this defence point. 

3e). The Parking and Traffic Appeals Service (‘PATAS’) and Parking on Private Land Appeals

(‘POPLA’) Lead Adjudicator and barrister, Henry Michael Greenslade, clarified that with regards to keeper liability, “There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver and the operators should never suggest anything of the sort” (POPLA report 2015).

Redx

3a to an £85 PCN 

Be specific , show the starter figure whilst detailing that silly total , so the discrepancy is easily read , imho it's abuse of process but that is for a judge to decide. Dcb legal may call it creative accounting using the D Abbott method 😁😁

Le_Kirk

Which then leads to the question, how does the Claimant arrive at the Amount Claimed for a Total of £227.01. 

You cannot ask questions in a defence. Better phrased as: -

The Claimant is put to strict proof of how they arrived at the Amount Claimed - a Total of £227.01. 

You've quite rightly spelled out the "Particulars of Claim" when you first used it and should do the same for Protection of Freedoms Act (2012) (POFA).  Part of paragraph 3 has become detached from the rest of it.

Bazzoh

“3a). The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant Highview Parking Limited for a Total amount of £302.01 (inclusive of £25 Court Fee & £50 Legal representative's costs). Through research, the Defendant has come to understand that this relates to an £85 PCN that was issued against the Defendant’s vehicle *******over 5 years ago on 3 July 2015 at The Rock Retail Park, Birkenhead.”

Reworded (but never seems to sound right with ‘an’ instead of ‘a’) 

I think there are a few firms using that accounting method! Particularly in the high rise building business! 

Bazzoh

Le_Kirk You've quite rightly spelled out the "Particulars of Claim" when you first used it and should do the same for Protection of Freedoms Act (2012) (POFA).  Part of paragraph 3 has become detached from the rest of it.

Forgive me I don’t quite follow.. 
in paragraph 3b) its written
“set out in the Protection of Freedoms Act 2012 ('PoFA')” 
should it be earlier?

Coupon-mad

How can an £85 PCN be a £300 claim?  Have you shown us the POC?

Bazzoh

The only documents I have received relating to this matter are on this thread - the claim form in post 1 and the 3 documents sent via a SAR request that are above. Is this something I should have been sent?

Redx

Coupon-mad said:

How can an £85 PCN be a £300 claim?  Have you shown us the POC?

Creative accounting or maybe Yasmin has a broken calculator ?  😋😋

Claim form with POC is on page 1 near the top !! They get higher every week !!

All relevant documents are attached already