Claim Form Received / Highview Parking / DCB Legal

Ralph-y

for  your information ...

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

deezee3k

@Fruitcake

Can this PCN and all the additional costs still be cancelled by a landowner now that a Claim Form has been issued? 

KeithP

deezee3k said:

@Fruitcake

Can this PCN and all the additional costs still be cancelled by a landowner now that a Claim Form has been issued? 

Yes, it can be cancelled right up until the start of any hearing.

Even if the landowner doesn't get it cancelled, a letter or email from the landowner showing that they don't support the allegation would be useful in court.

Redx

Some observations to avoid misunderstandings or assumptions on your part

1 HIGHVIEW never comply with POFA , so have 7 months to obtain keeper details and post the NTK to the address obtained from the DVLA , tick

2 POFA is not mandatory , so HIGHVIEW have never tried to comply with POFA for Keeper liability they will assume that on the balance of probabilities the keeper and driver are the same entity and are pursuing you on that basis

3 HIGHVIEW can only access the DVLA database once under Kadoe rules , so the subsequent change of address was irrelevant as they were legally barred from checking your details more than the original once that they did within the first 3 weeks of the 6 months allowed

4 they can take you to Court and will assume that you are both keeper and driver , using the 6 year law , limitations act of 1980

5 they will use the original address until you email a data rectification notice to the DPO at group Nexus with your current address and tell them to change the address and erase the old one ( under the GDPR law ) , with 2 forms of proof , so copies of 2 recent redacted utility bills etc , but not your passport or driving licence

deezee3k

I have just submitted the AOS.
Thanks for everyone's help, so far. 

What should my next steps be?
Contact the landowner and either try and get them to cancel the PCN or write a witness statement saying that they don't think this case should go to court?

I will work on my Defence in the meantime.

Redx

your WS wont be required for several months , so do the WS draft after the defence has been submitted, in preparation

yes contact the landowner and try for a cancellation of the pcn and court claim, ASAP, by email, this is extremely important , 11 minutes is within the grace period time allowed by the BPA CoP in force at the time

if AOS and SAR are done , do the landowner complaint, then start working on those 2 paragraphs , post them below for critique

deezee3k

Hi all.
I'm drafting my SAR to Highview Parking. 

I've just read a thread about writing one but it is at the Pre Action stage. My case is at Court Claim stage.

The advice was to write the SAR but also the below - informing their solicitor. Is this still applicable?

Thanks again, I'd be completely lost without the help of this community. 

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

Coupon-mad

No, the second bit is not applicable as the case can't be put 'on hold'.

Redx

Which is why I didn't include it in my to do list

A SAR can be done at any time to companies , nothing to do with parking or court cases , it's a DPA topic

Ralph-y

so ...... please do not leave it until you have court papers ......  have a read through some of the links below to understand what is needed ...

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph