Highview/DCB Legal County Court Claim Form

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Ezekiel2517 said:

Thanks so far, completed the

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

At this stage there was nothing to tell dcb Legal about , but no matter , crack on with the Defence

Adapt paragraphs 2 and 3 and post them below for critique

Btw , driving licences and passports have other data they are not entitled to , like date of birth and photos etc

beamerguy

Ezekiel2517 said:

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.

.

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?

Why would you think that .. you have no proof what this company do or even how secure their systems are ..... anyone involved in the parking industry cannot be trusted

And ask the DVLA to supply a copy of the V5

Ezekiel2517

Hi,

So I got in touch with the DVLA in case they could supply me with a V5 certificate copy but they cannot supply one if you are no longer the registered keeper. However, they were helpful and did send me a letter (email) stating the date I owned the vehicle up to which I will forward with another SAR email to the DPO at nexusgroup (highview) as they have not responded at all via email or rightly.co.uk.

As mentioned before, I informed DCB legal I had submitted a SAR to their client, they responded fairly quickly with nothing, but asking for my details to confirm who I am such as address, contact number etc but did not reply to this. 

Please take a look at 2 & 3 from my defence below. I have been reading a lot on the forum and wanted to ask, are 3 (ii) and 3 (iii) relevant considering I am using the POFA example as 3 (i) ?

I have also attached a picture of the signage, unfortunately this is from 2019 as far as I'm aware and not from 2015 when the ticket was issued. But thought it may still be relevant for some readers.

Defence 2 & 3

2. It is admitted that the Defendant was the registered keeper of the vehicle in question, but liability is denied. There were multiple possible drivers on an otherwise unremarkable date. The Defendant cannot recall who the driver was.

3. (i)  The driver is accused to have entered a contract with the Claimant and in turn, overstayed their time “permitted” within a free of charge carpark. In addition to this, the driver has not been identified by the Claimant and although there is a provision in law under Schedule 4 of The Protection of Freedoms Act 2012 (POFA2012) to recover unpaid parking charges from the vehicle’s keeper, the Claimant has made little to no effort to comply with the requirements of this act. Most notably, they failed to deliver any notice within the Notice to Keeper that the keeper would become liable. (POFA2012, Schedule 4, paragraph 9, subparagraph 2f). As such, the Defendant has no liability in law.

(ii) I am aware of the particular car park in question and the only time I can recall being delayed in this busy shopping area is when I had to have a friend drive me there to collect some replacement prescription glasses from a Specsavers shop, unfortunately the store was very busy and after multiple mistakes by them I was delayed, I cannot recall how long the delay was.

(iii) The car park in question is very cramped and situated on an extremely busy road near traffic lights. Often the queueing on this road is actually for this small car park meaning a vehicle may have to spend upwards of 10 minutes creeping around the car park waiting for a space and for the leaving vehicle to find enough room to exit back onto the busy main road. It is an accident-prone junction and it would be easy to miss any signs when concentrating on carefully moving around the car park in a queue. Let alone ones with such small fonts and an overwhelming mass of tiny text.


Thanks for your time.

Coupon-mad

I don't think the sign matters as that's from 2019 as you say, so it doesn't assist us to help you and you don't send any evidence with your defence.  However I would use all the points you have written there, it's a good summary.

This is fine but needs changing into 'the Defendant' instead of ''I'' and ''me'' throughout, because as you've seen, a defence is written in the 3rd person:

(ii) I am aware of the particular car park in question and the only time I can recall being delayed in this busy shopping area is when I had to have a friend drive me there to collect some replacement prescription glasses from a Specsavers shop, unfortunately the store was very busy and after multiple mistakes by them I was delayed, I cannot recall how long the delay was.

Ezekiel2517

Thanks for your critique, corrected below.

(ii) The Defendant is aware of the particular car park in question and the only time the Defendant can recall being delayed in this busy shopping area is when they had to have a friend drive them there to collect some replacement prescription glasses from a Specsavers shop. Unfortunately the store was very busy and after multiple mistakes by the staff the Defendant was delayed, the Defendant cannot recall how long the delay was.

(iii) The car park in question is very cramped and situated on an extremely busy road near traffic lights. Often the queueing on the road is for this small car park meaning a vehicle may have to spend upwards of 10 minutes creeping around the car park waiting for a space and for the leaving vehicle to find enough room to exit back onto the busy main road. It is an accident-prone junction and it would be easy to miss any signs when concentrating on carefully moving around the car park in a queue. Let alone ones with such small fonts and an overwhelming mass of tiny text.

KeithP

Change the word 'ones' to 'signs' in your last sentence there - otherwise it reads as the queue has very small fonts.   

Ezekiel2517

Thanks for your critique, corrected below.

(ii) The Defendant is aware of the particular car park in question and the only time the Defendant can recall being delayed in this busy shopping area is when they had to have a friend drive them there to collect some replacement prescription glasses from a Specsavers shop. Unfortunately the store was very busy and after multiple mistakes by the staff the Defendant was delayed, the Defendant cannot recall how long the delay was.

(iii) The car park in question is very cramped and situated on an extremely busy road near traffic lights. Often the queueing on the road is for this small car park meaning a vehicle may have to spend upwards of 10 minutes creeping around the car park waiting for a space and for the leaving vehicle to find enough room to exit back onto the busy main road. It is an accident-prone junction and it would be easy to miss any signs when concentrating on carefully moving around the car park in a queue. Let alone signs with such small fonts and an overwhelming mass of tiny text.

Umkomaas

Unfortunately the store was very busy and after multiple mistakes by the staff the Defendant was delayed. the Defendant cannot recall how long the delay was.

There's too much 'apology' apparent.  Just give the basic that a busy store, error-prone staff caused delay.  That's it. 

But, I must say that you have a remarkable capacity to remember such detail from almost 6 years past. I struggle with 6 minutes! 😄

Ralph-y

OP ... you may be interested in ....

https://forums.moneysavingexpert.com/discussion/6265783/have-you-recently-had-a-highview-court-claim-about-parking-from-2015#latest

Ralph

Ezekiel2517

Thanks for your critique, corrected below.

(ii) The Defendant is aware of the particular car park in question and the only time the Defendant can recall being delayed in this busy shopping area is when they had to have a friend drive them there to collect some replacement prescription glasses from a Specsavers shop. The store was very busy and after multiple mistakes by the staff the Defendant was delayed.

(iii) The car park in question is very cramped and situated on an extremely busy road near traffic lights. Often the queueing on the road is for this small car park meaning a vehicle may have to spend upwards of 10 minutes creeping around the car park waiting for a space and for the leaving vehicle to find enough room to exit back onto the busy main road. It is an accident-prone junction and it would be easy to miss any signs when concentrating on carefully moving around the car park in a queue. Let alone signs with such small fonts and an overwhelming mass of tiny text.