DCB Legal on behalf of Highview Parking - Advice on Defence for Claim

Redman2186

Hi all, hoping that you can support with advice please - apologies for the lengthy post.
My Wife is the Defendant as registered keeper of the vehicle in question. I am supporting her with the research and pulling together of her defence. She is a little overwhelmed and nervous about the entire situation.
Brief Context
PCN dates back to 2nd October 2016 at Waterfields Retail Park Watford - We have no recollection of original PCN and would have appealed via Popla which I have done successfully in the past.
Furthermore, checking PCN details on Group Nexus website: duration reflects as 03:52:40, Arrival: Picture temporarily unavailable, Departure: Picture temporarily unavailable
We have received a number of letters over the past 4.5 years, however they all appeared from different debt collection companies and always appeared rather threatening in nature and we largely ignored/filed in the bin assuming they were scams with lots of Red threatening writing.
On 28th Apr 2021 we received a Claim Form in the County Court Business Centre with pertinent details as follows:
Claimant: Highview Parking Limited
Defendent: My Wife as Keeper

Particulars of Claim:
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle ….. at Waterfields Retial Park Watford
2. The PCN details are 02/10/2016 ....... 
3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the POCN(s) is outstanding. The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS

1.  £155 being the total of the PCN(s) and damages. 
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.03 until judgment or sooner payment.
3. Costs and court fees 
Amount claimed – 211.71
Court fee - 25.00
Legal representative's Costs - 50.00
Total amount – 286.71
Signed by Yasmin Mia

I have read the Newbies Read and to-date have actioned the following:
4th May
1. Requested Subject Access Request all data, pictures, PCN correspondance from Group Nexus on Evening of 4th May 2021 - No response to date
2. Emailed DCB Legal on Evening of 4th May 2021 - Automated response received notifying that they will aim to respond where required in 10 working days.
Purpose of email was to inform them:
    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 20
    b. I have sent your client a SAR
5th May
3. MCOL - Password from pack was not working, call to MCOL support they advised that I send Acknowledgement of Service to CCBCAQ@Justice.gov.uk
6th May
4. Acknowledgement of Service sent to CCBCAQ@Justice.gov.uk

Questions to the forum:
1. Is there anything specific that we have missed so far?
2. For defence, I assume that the template linked to Newbies forum is best place to start, based on the information above are there any specific additions that I should be including for example I've seen POFA mentioned a couple of times, unable to locate the point that should be included relating to this?
3. Defence - We recall nothing of the date in question, can only assume that it was a long shopping trip where multiple stores were visited - Any advice on our account of events?
4. Evidence - We have no photographic evidence of signage from 2016, does this matter?
5. Evidence - What evidence should we now be collecting in relation to signage etc. I'm assuming this will have changed about 10 times since 2016
6. Would this be a phone/video hearing (if it gets to that stage)? My wife is nervous about the situation

D_P_Dance

Amount claimed – 211.71
This almost certainly contains unlawful amounts, read this and complain to your MP,,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Redman2186

D_P_Dance said:

Amount claimed – 211.71
This almost certainly contains unlawful amounts, read this and complain to your MP,

Thanks for this information - Would your recommendation simply be an email to local MP outlining brief context and citing Excel vs Wilkinson - Does the MP have any power to then lean on Highview Parking etc.?

Redx

Yes use the template by coupon mad

Read twenty other recent court case threads about HIGHVIEW , all the advice is already in them , HIGHVIEW never comply with POFA , the first post in the newbies FAQ sticky thread explains POFA

No evidence or Exhibits are submitted with the defence , not needed for several months

Gsv can usually provide signage pictures

Due to covid19 , it will almost definitely be a phone or video hearing , where you can assist her as lay rep

Post your draft paragraphs 2 and 3 below for critique

Fruitcake

Very well done to you on your research so far. It makes it so much easier for the regulars when posters do this before they come here.

Questions to the forum:
1. Is there anything specific that we have missed so far?

Complain to the landowner and get pics of the site and signage. Use Google Streetview to obtain historical pictures. Look at other court cases. Tell us the precise location as it may have cropped up before. Thoroughly read and understand the guide to court written by bargepole in the second post of the NEWBIES. Tell us the issue date, 0f the claim form and when the AoS was done

2. For defence, I assume that the template linked to Newbies forum is best place to start, based on the information above are there any specific additions that I should be including for example I've seen POFA mentioned a couple of times, unable to locate the point that should be included relating to this?

Yes, use the template. Amend paragraphs 2 and 3 and post just them here for the regulars to check. When you get the original NTK from your SAR you will be able to compare it to the strict requirements of the POFA. Highview NTKs were not PoFA compliant back when the original event occurred. In para 2 of your defence, state either that the defendant was not driving (if true) or does not know who was driving. Something like, "It is admitted that the  defendant was the keeper at the material time but does not know the identity if the driver. Liability is denied."

It's too late to tell the scamlicitors you are seeking debt advice and request they put the case on hold. That needs to be done before the claim is issued.

3. Defence - We recall nothing of the date in question, can only assume that it was a long shopping trip where multiple stores were visited - Any advice on our account of events?

Explain what happened (if known), what type of car park it was (retail hospital, residential, pay and display etcetera. You can look this up when you know where and when it happened if you don't know at the moment. If you don't recall, then state research has shown that the car park was ...

4. Evidence - We have no photographic evidence of signage from 2016, does this matter? 

Evidence comes later at witness statement stage. Use the NTK, other correspondence, and GSV. 

5. Evidence - What evidence should we now be collecting in relation to signage etc. I'm assuming this will have changed about 10 times since 2016

Already covered in my answer to question 1

6. Would this be a phone/video hearing (if it gets to that stage)? My wife is nervous about the situation

Probably a 'phone or perhaps video. Could be face to face (unlikely at the moment, and you are months away.) You can act as a lay representative and answer questions on her behalf as if you were acting as a solicitor. She Must be present though.

Fruitcake

Redman2186 said:

D_P_Dance said:

Amount claimed – 211.71
This almost certainly contains unlawful amounts, read this and complain to your MP,

Thanks for this information - Would your recommendation simply be an email to local MP outlining brief context and citing Excel vs Wilkinson - Does the MP have any power to then lean on Highview Parking etc.?

You can use the Writetothem website to send a message, and you will get a reply telling you it has been received. MPs have very little sway with regards to unregulated scammers, but they do sometimes have an effect, and sometimes encourage councils to lean on a PPC if they have flouted planning laws such as not having planning consent for ANPR scameras and not having advertising consent for signs, which is a criminal offence but only the council can act on it.

The main reason is to get your MP behind the new government parking regulations that are due to be introduced next year. The more people who complain, the more likely the mandatory code of practice will support the public's wishes rather than the unregulated scammer.

You can also ask your MP to contact the MP where the alleged event took place.

Coupon-mad

D is liable as the driver or keeper

Yeah, but no, they are not.  There is an untruth in that statement and you only need to read any HIighview thread to understand why we are not going to repeat it all over again!  Shedloads of 2015 PCN Highview treads here (makes no odds that yours is from 2016). Same advice applies and the threads just like yours are all recent, all available for you to read in the first twenty pages or more of the forum right now. 

People are ahead of your wife and are working on the simple additions needed to the template defence.

KeithP

Redman2186 said:

On 28th Apr 2021 we received a Claim Form in the County Court Business Centre...

You tell us that the Claim Form was received on 28th April.

Can you now please tell us the Issue Date on that County Court Claim Form?

Redman2186

KeithP said:

Redman2186 said:

On 28th Apr 2021 we received a Claim Form in the County Court Business Centre...

You tell us that the Claim Form was received on 28th April.

Can you now please tell us the Issue Date on that County Court Claim Form?

Should have been more specific - Issue Date is actually 28th April
I think it was received on Saturday 1st May
 

KeithP

Redman2186 said:

KeithP said:

Redman2186 said:

On 28th Apr 2021 we received a Claim Form in the County Court Business Centre...

You tell us that the Claim Form was received on 28th April.

Can you now please tell us the Issue Date on that County Court Claim Form?

Should have been more specific - Issue Date is actually 28th April
I think it was received on Saturday 1st May 

With a Claim Issue Date of 28th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 1st June 2021 to file your Defence.

That's nearly 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Redman2186

You can also ask your MP to contact the MP where the alleged event took place.

Will get on the case - easy one to tick off, thanks for the guidance with Writetothem