Highview Parking - Court Claim - Advice

KWT2021

KeithP said:

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

Many of them apply equally to your proposed Defence.

Thanks Keith, amended and posted on the thread below. Will I have to read this out in court?

KWT2021

The facts as known to the Defendant:

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

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 that unremarkable day 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, over 4 years ago on 22rd and 25th March 2017 at London Road Retail Park, Crawley.

4). The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

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). The Parking and Traffic Appeals Service (PATAS) and Parking on Private Land Appeals (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).

Redx

KWT2021 said:

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?

As it's a retail park , your initial complaint should be to the managing agent , not the landowner , because the MA usually contracts to maintain the site and contract with a parking company etc , so they have the power to get the PCN cancelled , which they cannot do if they don't know about your problem. Savills are very good at doing so for their retailers

You don't ask , you don't get , nothing to lose !! Everything to gain

Same scenario for the landowner , they are usually in the dark , but can wield the power , if you don't ask , you don't get

It costs nothing , so only a fool would not complain , don't be one , we get landowner cancellations on here every week , which is why it's plan A

Recently Moto and Roadchef have had many court claims cancelled

KeithP

Your paragraph 4 now appears to be a repeat of your paragraph 1.

KWT2021

Redx said:

KWT2021 said:

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?

As it's a retail park , your initial complaint should be to the managing agent , not the landowner , because the MAa usually contracts to maintain the site and contract with a parking company etc , so they have the power to get the PCN cancelled , which they cannot do if they don't know about your problem. Savills are very good at doing so for their retailers

You don't ask , you don't get , nothing to lose !! Everything to gain

Same scenario for the landowner , they are usually in the dark , but can wield the power , if you don't ask , you don't get

It costs nothing , so only a fool would not complain , don't be one , we get landowner cancellations on here every week , which is why it's plan A

Recently Moto and Roadchef have had many court claims cancelled

Hi, the MA is Aviva Investors. 

Do you have any tips or pointers to what I should say in my complaint email? Also would I be best to make contact with their real estate investors? Sorry, I’m a complete novice in this and really appreciate the support 

KWT2021

KeithP said:

Your paragraph 4 now appears to be a repeat of your paragraph 1.

Which paragraph would you suggest I remove? 

Redx

KWT2021 said:

Redx said:

KWT2021 said:

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?

As it's a retail park , your initial complaint should be to the managing agent , not the landowner , because the MAa usually contracts to maintain the site and contract with a parking company etc , so they have the power to get the PCN cancelled , which they cannot do if they don't know about your problem. Savills are very good at doing so for their retailers

You don't ask , you don't get , nothing to lose !! Everything to gain

Same scenario for the landowner , they are usually in the dark , but can wield the power , if you don't ask , you don't get

It costs nothing , so only a fool would not complain , don't be one , we get landowner cancellations on here every week , which is why it's plan A

Recently Moto and Roadchef have had many court claims cancelled

Hi, the MA is Aviva Investors. 

Do you have any tips or pointers to what I should say in my complaint email? Also would I be best to make contact with their real estate investors? Sorry, I’m a complete novice in this and really appreciate the support 

Try the Successful complaint sticky thread in announcements , near the top of the forum , 5th one

Complain to all and sundry , until a fish bites

Announcements are stuck there for a reason

Fruitcake

KWT2021 said:

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?

Hopefully a complaint to the landowner or their land management agent will get the scamvoice cancelled. This can be done right up to the moment before the hearing.
The main thrust of your complaint is that since you were not the driver and the scammers did not comply with the strict requirements of the PoFA 2012, you, the keeper cannot be held liable.

The Act, the law, says you are not liable therefore the charge is vexatious and without merit. Whoever contracted the scammers to scam is jointly liable for the actions of their agents, and you want them to instruct their agents to cancel this.

KeithP

KWT2021 said:

KeithP said:

Your paragraph 4 now appears to be a repeat of your paragraph 1.

Which paragraph would you suggest I remove? 

Delete para 4.

Para 1 is in the Defence template with no suggestion that it needs any adjustment.

KWT2021

Redx said:

KWT2021 said:

Redx said:

KWT2021 said:

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?

As it's a retail park , your initial complaint should be to the managing agent , not the landowner , because the MAa usually contracts to maintain the site and contract with a parking company etc , so they have the power to get the PCN cancelled , which they cannot do if they don't know about your problem. Savills are very good at doing so for their retailers

You don't ask , you don't get , nothing to lose !! Everything to gain

Same scenario for the landowner , they are usually in the dark , but can wield the power , if you don't ask , you don't get

It costs nothing , so only a fool would not complain , don't be one , we get landowner cancellations on here every week , which is why it's plan A

Recently Moto and Roadchef have had many court claims cancelled

Hi, the MA is Aviva Investors. 

Do you have any tips or pointers to what I should say in my complaint email? Also would I be best to make contact with their real estate investors? Sorry, I’m a complete novice in this and really appreciate the support 

Try the Successful complaint sticky thread in announcements , near the top of the forum , 5th one

Complain to all and sundry , until a fish bites

Announcements are stuck there for a reason

I'm going to call all three retailers tomorrow + the MA. Feeling confident with this!