Court Claim from DCB Legal / Highview Parking Limited

[Deleted User]

Hi All,

I've received three parking tickets from Highview Parking Limited and ignored everything until now. It happened over 3 years ago and I don have any letters from parkin company other that LOC from DHB.
I've overstayed on all occasions on the parking next to shops I was a customer of, but have no receipts/proof as it was so long ago. They have sent letters with a photograph of the car leaving the parking.

Parking signage is pretty bad, I have made several screenshots from Google Street View which I hope would help.

So I am going to base my defence on bad signage, threating and abusive tone of their letters and, possibly,  ,being a customer of the shops to which parking belongs ,although I have no proof as I mentioned earlier.

I have received a Court Claim yesterday. I have read NEWBIES thread and understand the steps I need to take, however I'd need some advice on #2 and 3 on Defence template.

If anyone would be so kind to help put wording together? 

Thanks ahead of time.
CY

KeithP

Deleted_User said:

I am surprised there is no statue of limitation for such old cases , shouldn't GDPR come to effect after 3.5 years after which they are not allowed to keep any data? Well, don't think I can base my defence on this.

There is.
The Limitations Act 1980 means that they have up to six years to start a court claim.
Where did you get 3.5 years from?

What is the Issue Date on your County Court Claim Form?

[Deleted User]

KeithP said:

Deleted_User said:

I am surprised there is no statue of limitation for such old cases , shouldn't GDPR come to effect after 3.5 years after which they are not allowed to keep any data? Well, don't think I can base my defence on this.

There is.
The Limitations Act 1980 means that they have up to six years to start a court claim.
Where did you get 3.5 years from?

What is the Issue Date on your County Court Claim Form?

Thanks for reply KeithP. Issue Date is 28 April 2021.

Lets ignore GDPR..:)

KeithP

Deleted_User said:

KeithP said:

Deleted_User said:

I am surprised there is no statue of limitation for such old cases , shouldn't GDPR come to effect after 3.5 years after which they are not allowed to keep any data? Well, don't think I can base my defence on this.

There is.
The Limitations Act 1980 means that they have up to six years to start a court claim.
Where did you get 3.5 years from?

What is the Issue Date on your County Court Claim Form?

Thanks for reply KeithP. Issue Date is 28 April 2021.

With a Claim Issue Date of 28th April, you have until Monday 17th 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 Tuesday 1st June 2021 to file your Defence.

That's over 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.

[Deleted User]

Coupon-mad said:

Admitting to driving in a Highview defence is stupid, IMHO.  Think again, read the all the other Highview threads this past week or so.  

Thanks Coupon-mad, I only decided to admit as I read your comments that both admit/deny are good options.. I will read the threads for sure..

[Deleted User]

Coupon-mad said:

Admitting to driving in a Highview defence is stupid, IMHO.  Think again, read the all the other Highview threads this past week or so.  

Hello again,

I have requested SAR from Highview and they have sent me a form to fill out which asks whether or not I was a driver, do I have to answer that?
Kind regards,

CY

Redx

Definitely not

Make sure that you added copies of  2 forms of I D to the SAR request , the Court claim form can be one and a recent redacted utility bill is the other one ( or a copy of the V5C ) do not fill in their forms !!

Do not use a passport or driving licence as proof of I D either ( too much data )

You are asking as a data subject , nothing to do with parking , so now we are discussing GDPR , in the correct manner 😀👍

D_P_Dance

Have you complained to your MP?

[Deleted User]

@Redx - Thanks for reply! I have previously emailed them requesting data as per template I found on this forum and sent them court claim only as proof of ID, and they replied today asking to fill that form, should I just email them again and add Utility Bill, so they have two forms of ID?
@D_P_Dance Hi there, no I haven't, will it help with my defence or its for future refence so MP is aware of their practices?

Le_Kirk

Just inform them that there is no requirement under GDPR for anyone to complete forms when submitting a SAR.  If they do not supply the data abut yourself to which you are entitled you will report them to the ICO.

Redx

I would reply with 2 or even 3 suitable forms of I D , repeating the SAR and stating that you are requesting the information as the defendant and as the data subject , nothing to do with Parking entities , but as a Data subject under the GDPR and any further stalling will be reported to the ICO. The DPO has no interest in who the Driver my have been , as a data controller they have specific duties and obligations

Whilst a complaint to your local MP is useful because they are changing the system , they are unlikely to assist in your court case , but they may complain to the claimant PPC and to the landowner and to Robert Jenrick MP