Highview Parking - Court Claim - Advice

Le_Kirk

KWT2021 said:

Hi all, thanks for the comments - really helpful. 
I do have a question, I work for a financial services company and there are rules that with a CCJ you aren't able to continue employment with them. Is there any possibility that this may lead to me having a CCJ against me? 

Yes, go to court, lose and fail to pay within the timescale set by the judge, otherwise NO.

Umkomaas

KWT2021 said:

Hi all, thanks for the comments - really helpful. 
I do have a question, I work for a financial services company and there are rules that with a CCJ you aren't able to continue employment with them. Is there any possibility that this may lead to me having a CCJ against me? 

I would have thought being in a job where a CCJ would cost you your job, not only would you understand how they occur, but your employer would have made you very aware of the relevant facts.  Anyway, leave it to a private parking forum to do the necessary updating for you (and your employer, if you care to share this reply).

A CCJ affecting credit rating can only come into play if you don't respond to the claim and defend yourself against it, resulting ultimately in a judgment in default which you ignore (or are ignorant of the fact), or, you go through the court process, a Judge finds against you, and you fail to pay the awarded costs by the deadline set by the Judge. 

Of particular relevance in regard to the first scenario above, it is imperative that you inform the PPC of any change of address for up to six years following the date of the PCN. 

KeithP

About a week ago I wrote...

...you have until 4pm on Tuesday 1st June 2021 to file your Defence.
That's over three weeks away.

How is your Defence coming along?
One of those three weeks has almost disappeared.

Coupon-mad

You will not get a CCJ if you fully follow the advice on this forum.

KWT2021

Coupon-mad said:

KWT2021 said:

Redx said:

The coupon mad defence template plus POFA are batting in your corner , do not ignore those 2 powerful tools at your disposal

HIGHVIEW have never complied with that law , never !!

Just to check, i should use the TEMPLATE DEFENCE - NEW FROM OCTOBER 2020? 

Yes but why not just copy one written last week on any other Highview thread? 

This has already been done to death recently, due to the latest claims batch.  All done, POFA covered, the lot.

Hi, would you kindly point me in the direction of a highview defence that will be appropriate?
Thank you

KWT2021

KeithP said:

About a week ago I wrote...

...you have until 4pm on Tuesday 1st June 2021 to file your Defence.
That's over three weeks away.

How is your Defence coming along?
One of those three weeks has almost disappeared.

Hi Keith thanks for the post. I will start to work on the defence today.

KWT2021

Hi, please could you check over my defence? 
The facts as known to the Defendant:

2). It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was or was not driving on a random date over 4 years ago.

3). The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant Highview Parking Limited for a Total amount of £496.70 (inclusive of £35 Court Fee & £50 Legal representative's costs). Through research the Defendant has come to understand the two PCN(s) relate to PCN(s) that were issued against the Defendant’s vehicle XXX, nearly 5 years ago on 22rd and 25th March 2017 at London Road Retail Park, Crawley.

4). The Defendant as the registered keeper of the vehicle in question notes that they cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012 ('PoFA'), Schedule 4.

5). In the Particulars of Claim ('POC') it is stated that the Defendant is liable as the driver or keeper but the Claimant has failed to provide any evidence that Defendant was also the driver. The Defendant cannot be held liable for the charges as the keeper of the vehicle. The Claimant did not properly serve a compliant notice to keeper in strict accordance with Paragraph 9, sub-paragraphs 4 and 5 of the PoFA, which states that notice to keeper must be delivered within the relevant period. Where the relevant period is defined as the period of 14 days beginning with the day after that on which the specified period of parking ended.

6). Following on from [4] & [5], where it is noted that the Claimant has elected not to comply with the 'keeper liability' requirements set out in PoFA, Claimant has included a clear falsehood in their POC which were signed under a statement of truth by the Claimant's legal representative who should know (as the Claimant undoubtedly does) that it is untrue to state that the Defendant is 'liable as keeper'.  This can never be the case with a Highview Parking Limited claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition.  Not only does the POC include this misleading untruth, but the Claimant has also added an unidentified sum in false 'damages' to enhance the claims.  So sparse is their statement of case, that the Claimant has failed to even state any facts about the alleged breach or the amount of the parking charge that was on the signage, because it cannot have been over £100. Which then leads to the question, how does the Claimant arrive at the Amount Claimed for a Total of £411.70. The Defendant has excluded the £35 Court Fee & £50 Legal representative's costs from the Total amount for the purposes of this defence point. 

7). PATAS and POPLA Lead Adjudicator and barrister, Henry Michael Greenslade, clarified that with regards to keeper liability, “There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver and the operators should never suggest anything of the sort” (POPLA report 2015).

8). The Defendant does not recall receiving the original PCN(s). The Defendant upon receiving the Claim Form has subsequently requested a copy via Subject Access Request to Group Nexus (who through research the Defendant now understand own Highview Parking Limited).

9). The Defendant does recall receiving multiple "debt collection" letters over the years that can only be described as extremely threatening and harassing in nature from multiple different senders (there was always a different name/company). The letters all appeared to demand immediate action on the part of the Defendant and gave rise to the feeling that they must be part of some sort of scam. It felt like the Defendant was being harassed in to hastily handing over money (with ever changing amounts) in order to avoid further costs down the line, court visits and an impending CCJ that would impact on the Defendant livelihood. The Defendant ignored these threatening “Debt Collection” type letters believing that they could be part of a scam.

 

Fruitcake

I've only skim read, but I think you have the important bits in there.
Just note that you need to explain all terminology the first time you use them plus the abbreviation, then just the abbreviation from then on.

You did this with Particulars of Claim (PoC) so just ensure you do it for PCN and PoFA etcetera.

If/when you know the location(s) where the scamvoices were issued, do a forum search to see if they have cropped up before as well as letting us know, and complaining to the landowner. Point out that you, the keeper, cannot be held liable yet their agent has commenced court proceedings for which they are jointly responsible.

KeithP

Read these comments that I wrote on another thread earlier this afternoon.

Many of them apply equally to your proposed Defence.

KWT2021

Fruitcake said:

I've only skim read, but I think you have the important bits in there.
Just note that you need to explain all terminology the first time you use them plus the abbreviation, then just the abbreviation from then on.

You did this with Particulars of Claim (PoC) so just ensure you do it for PCN and PoFA etcetera.

If/when you know the location(s) where the scamvoices were issued, do a forum search to see if they have cropped up before as well as letting us know, and complaining to the landowner. Point out that you, the keeper, cannot be held liable yet their agent has commenced court proceedings for which they are jointly responsible.

Thank you, I will edit and repost the updated version. Out of interest what will complaining to the landowner achieve? 
Happy to do so, but want to understand the reason behind it. The retail park hosts B&Q, Mataland etc so where would I be able to obtain the landowner from?