Highview/DCB Legal County Court Claim Form

Ezekiel2517

Hi all,

Long time viewer of the forum but now am in a situation I'm not too sure about, the forum has helped me avoid paying the ridiculous sums to PPC's for minor accidents or mistakes in the past a few times so thanks to all the contributors on here.

I overstayed a car park limit by something like 20-30 minutes back in 2015, due to queueing in a shop. I'm not sure who owns/owned the car park but the PPC Highview sent me some letters that I initially ignored, then decided to make a POPLA appeal 2 months later which, for reasons I can't remember I never followed up on. Here is the transcript.......

Dear Sir/Madam,

I am writing as registered keeper of the vehicle XXXXXXX, in reference to your Notice to Keeper

 I do not feel that I am liable for this charge. No financial loss has been incurred by the landowner as a result of this incident and hence I feel that the sum you are seeking amounts to an unenforceable penalty.

 Please cancel the ticket forthwith and confirm this by return. Alternatively please send me a POPLA code so that I may submit an appeal to the independent appeals service.

RESPONSE.....

Dear Sir,

Thank you for your correspondence concerning your Charge Notice.

The PCN was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations. The amount of the charge is well within BPA guidelines, and there is no requirement that it reflects a pre-estimate of loss to be valid.

Your representations have been carefully considered but in light of the above, on this occasion, your appeal has been refused.

We can confirm that we will hold the charge at the current rate for a further 14 days from the date of this correspondence, after which the full amount will be due.                    

Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website and follow the instructions. If you would rather deal with this matter by post, please contact our appeals office and we will send you the necessary paperwork.

Your POPLA reference code is XXXXXXXXXX

Please note that if your appeal does not conform to the above criteria or is rejected by POPLA for any reason, you may be requested to pay the full amount of the charge and you will no longer qualify for payment at the reduced rate.

Yours faithfully,

Highview Parking Limited

Fast forward to 26/4/21 and I have now received a Claim Form from them / DCB legal. Below.

I believe I also received a LBC letter that I ignored and did not reply to but cannot remember when.

I'm struggling for time/stress to deal with this and was considering just paying up as on reading the forum I see some have also lost court cases increasing the final costs but thought I should at least post on the forum to get your valued opinions before doing so and serve as an update on the current state of these things. I'm happy to pay for services, reasonable things at reasonable prices but it just breaks me that these companies can make a business out of such unreasonable terms and what amounts to fear tactics and am thankful this forum exists! The car park I stayed in was a "free for X hours" type car park with no option for extending your stay in a busy retail type area.

So far I have sent a SAR request via an online company named rightly.co.uk who appear to manage these types of requests for groupnexus.co.uk which highview are now a part of.

I sent a utility (water) bill as requested as a form of ID to get access to data held about me but the only thing that did was allow me to access the form below, what is the point of submitting ID to gain access to a generic document like this?

Is it worth defending?

For anyone that's never seen the claim form, it also asks for a LOT of personal and financial information in the other pages.

Thanks for reading, any opinions and thoughts welcome.

D_P_Dance

Is it worth defending?

First they came for the socialists...

Le_Kirk

You do not need to complete any forms in order to submit a SAR.  You only need to prove that you are the person requesting your data.  Assuming that you no longer own the vehicle in question, you won't have the V5C (best proof of ID) but you could use utility bills (as you have done) and a copy of the claim form.  If they still require you to jump through hoops and put other obstacles in your way, tell them you are reporting them to the ICO.  Do NOT send driving licence or passport.
However, the info you get back from the SAR will be more useful at witness statement stage, so in the meantime read the standard defence template (it is one of the five announcements on the front page of the forum) and complete paragraphs 2 & 3 and post them here for critique.

KeithP

With a Claim Issue Date of 23rd April, you have until Wednesday 12th 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 Wednesday 26th 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.

Ezekiel2517

Point taken D_P_Dance & thanks Le_Kirk, I'll have another read through.

Coupon-mad

I'm struggling for time/stress to deal with this and was considering just paying up as on reading the forum I see some have also lost court cases increasing the final costs

Really?  I must have missed those. 

Why not just read the other Highview ones from this week and copy them.  This will be a simple stage.  There is a whole batch already ahead of you, all the same, all about 2015 PCNs.

D_P_Dance

 as on reading the forum I see some have also lost court cases increasing the final costs

Only very very very occasionally, mainly when the judge thinks the D is a wrong un.  

beamerguy

All Group Nexus are entitled to is a copy of your V5.  You have already sent a utility bill.

They have already got your address and VRN.  You are just confirming it.
Sending a driving licence or passport to an unknown company is foolish, both can be cloned and your identity stolen.  Group Nexus are in an industry that cannot be trusted.

DCBL LEGAL ...... Another claim signed by YASMIN MIA ...... she says it is a statement of truth ?   IT'S NOT TRUE and is probably contempt of court

WHY?  THERE IS NO SUCH THING AS DAMAGES..... It is a very feeble attempt by DCBL to add fake amounts. 
 
This DCBL claim is not reliable as it goes behind the ruling of the Supreme Court. IT IS FAKERY and you will be asking the court to strike it out and question why Yasmin Mia has signed a statement of truth when IT'S NOT TRUE

Amendments to the Civil Procedure Rules bring mandatory changes to statements of truth

https://www.dacbeachcroft.com/en/gb/articles/2020/march/amendments-to-the-civil-procedure-rules-bring-mandatory-changes-to-statements-of-truth/

Ezekiel2517

Coupon-mad said:

I'm struggling for time/stress to deal with this and was considering just paying up as on reading the forum I see some have also lost court cases increasing the final costs

Really?  I must have missed those. 

Why not just read the other Highview ones from this week and copy them.  This will be a simple stage.  There is a whole batch already ahead of you, all the same, all about 2015 PCNs.

Will do, I will update once done.

Yes, apologies, it was only one I have read on this forum by robertcox999 who lost at court.

beamerguy - Agreed about sending ID, doubtful that such a company would invest highly in data protection for people they themselves are trying to rob. 

Regarding the V5 certificate, I no longer own the vehicle or any docs from it, I suppose I would have to get in touch with the DVLA for that?

Coupon-mad

Regarding the V5 certificate, I no longer own the vehicle or any docs from it, I suppose I would have to get in touch with the DVLA for that?

No.  Send other ID (utility bill in your name) but not intrusive photo ID, so no supplying your driving licence nor passport.  Crack on, this is easy.

Ezekiel2517

Thanks so far, completed the

• MCOL - AOS
• emailed a further request to complete my SAR & informed their solicitors as advised