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

Coupon-mad

If none of the letters were received until the LBC or claim form, I would not include harassment because that requires a 'course of conduct'.

In Ferguson v British Gas she was sent more than a dozen debt demands.  If you didn't receive any over the years due to them using the wrong address and never bothering to check until now, that is data abuse but it's not harassment.

Redman2186

Received lots of debt collection letters - they all got thrown away thinking it was a scam. just never saw the original PCN until SAR

Redx

My advice is simple , dont go for overkill because it's deemed retaliatory , but make it a sum that is more than their inflated claim , as in if someone hits you , hit them back harder , twice as hard , and be smarter too. Be above reproach. A judge may look favourably at £500 but not £5000 , remember that you have to prove your case , so throwing away that proof didn't assist you !!

Each side must prove their claim , so think about how you prove each element in your case against HIGHVIEW , your counter claim ( not just your statement s ) , so £600 is not unreasonable , but £100 is , imho

D_P_Dance

This may amuse you

https://www.grumpieroldmen.co.uk/forum/phpBB3/viewtopic.php?f=3&t=23919&hilit=gas+bill

Umkomaas

I agree with @Redx. We see very few counterclaims in private parking court claims, and the small claims court is just that, 'small claim' (yes I know the limits are relatively high).  I don't think I'd want the Judge to read your figure with eyes popping, setting him off looking for very clear reasons how he could ever award that level of claim.  You might have a hard time justifying the level, other than some figures plucked out of thin air, with an extra £250 thrown in for good measure to round things up to a grand!

£1k or £300, neither will dent HVs bank account, nor will you be able to retire on the proceeds. You want your counterclaim to make a statement. If it's thrown out you can be sure that the PPC network and their low-rent legals will quote that when other counterclaims are made (not that your case will set any precedent, but it won't stop them throwing it into the mix in an attempt to influence a future Judge).

D_P_Dance

IMO, a counter claim should  not exceed the original claim by more than £250.

Redman2186

point noted from all - will keep it sensible

Redman2186

Am I able to request SAR from Debt Recovery Plus Ltd and Direct Collection Bailiffs Ltd who are Highview Parking Collection Agents?

I can then ask for the correspondence that they sent to me?

Umkomaas

Redman2186 said:

Am I able to request SAR from Debt Recovery Plus Ltd and Direct Collection Bailiffs Ltd who are Highview Parking Collection Agents?

I can then ask for the correspondence that they sent to me?

Yes you can. Use the SAR template in the NEWBIES FAQ sticky, second post, send copies of a couple of utility bills and your PCN reference numbers for ID purposes.  Take out the line that offers them any additional ID, otherwise they'll want you driving licence, your passport, your inside leg measurement and your cat's DNA!

Redman2186

Yes, will use the same email I sent to Group Nexus, will just update it. At least this way I should then have the barrage or red letters they sent to me.