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TheOpinionatedBrit

Umkomaas said:

Please read the NEWBIES FAQ Announcement, second post, which outlines the entire court process, start to finish. In it you will find links to a template defence where all you need do is fill in a little background to your parking event, the rest is written for you. 

Please provide us with some details so we can get you on the right track:

1. Name of the private parking company (PPC).
2. Which solicitors (if any) are involved.
3. Date of parking event.
4. Date of issue shown on the N1 claim form from the Northampton CCBC. 
5. Date of your Acknowledgment of Service (AOS).

Hi Umkomass,

If given you some poor info to start with. I am at the stage where I need to write my witness statement by Friday however see below answer to your questions:

1. Highview Parking Ltd
2.  DCB Legal
3. 16/11/2015
4. 22/07/2021
5.04/05/2021

I'm pretty much at a loss with the witness statement as it was so long ago I just don't know what to write.

Umkomaas

I don't think we've seen Highview progress to a fully defended court hearing, so you just have to keep jumping through all the hoops to ensure there is no judgment in default against you. Keep at it!

4. 22/07/2021
5.04/05/2021

Both these dates can't be right. You can't do 5 until after 4. 

Fruitcake

Please tell us the precise location of the alleged event. I'll have a look to see if there are any historic GSV images that might help.
Alternatively use this GSV tutorial I wrote a while ago.

Google Street View (GSV) Tutorial — MoneySavingExpert Forum

Irrespective of that, you aver that the signs that are there now were not there in 2015, and the signs in place in 2015 were inadequate, then put the claimant to strict proof that the contrary was true.

Castle

I think UK Parking Patrol Office Ltd have been "running" the car park for at least the last 4 years; maybe Highview forgot to take some photos in 2015!

TheOpinionatedBrit

Fruitcake said:

Please tell us the precise location of the alleged event. I'll have a look to see if there are any historic GSV images that might help.
Alternatively use this GSV tutorial I wrote a while ago.

Google Street View (GSV) Tutorial — MoneySavingExpert Forum

Irrespective of that, you aver that the signs that are there now were not there in 2015, and the signs in place in 2015 were inadequate, then put the claimant to strict proof that the contrary was true.

Hi Fruitcake,

It was Stadium Retail Park in Wembley

TheOpinionatedBrit

Castle said:

I think UK Parking Patrol Office Ltd have been "running" the car park for at least the last 4 years; maybe Highview forgot to take some photos in 2015!

Well I've been looking on street view and the signs jump from 2014 to 2017 with with nothing from 2015 which was the year in question. The pictures of the signs that DCB Legal have included in their witness statement don't reference a date so could be from anytime. 

Coupon-mad

I've been looking on street view and the signs jump from 2014 to 2017 with with nothing from 2015 which was the year in question. The pictures of the signs that DCB Legal have included in their witness statement don't reference a date so could be from anytime. 

Great!  Then say that in your WS and show the problem on Google Streetview, to show the Judge that you have tried your damnedest to find actual photos of the signs in 2015 and drawn a blank, and clearly so has the Claimant, which you would suggest is fatal to their case.

So is the fact this is about a 2015 allegation and there is no evidence who was driving.  Given Highview don't use the POFA 2012, they can't hold a keeper liable.  They can only hold a known driver liable, with evidence or a previous admission in an old appeal, and if there is none of that, then they have no lawful means of holding you liable. 

Especially if your car was driven by your partner or other family around that time when shopping, which you can state (and prove with evidence, if you can get your old car insurance up from old emails or paperwork and show that there is more then one named driver).  Even if you can't prove that, the burden is not yours anyway.  The case is for the Claimant to prove, and signage and keeper liability are both enormous mountains that Highview sound unlikely to scale in your case, unless you have previously (in an old appeal or something, or in your defence) said you were the driver.

In which case, signage will be your main point.

Examples of how a WS should look were posted this year by @Nosy and @jrhys.

Jenni_D

Umkomaas said:

I don't think we've seen Highview progress to a fully defended court hearing, so you just have to keep jumping through all the hoops to ensure there is no judgment in default against you. Keep at it!

4. 22/07/2021
5.04/05/2021

Both these dates can't be right. You can't do 5 until after 4. 

I think it's a typo ... 5 is below 8 on a numeric keypad, so I think the AoS was 04/08/2021

Fruitcake

Entrance showing lack of clear and prominent signs, Oct 2015, one month before the date of the alleged event.



Entrance showing lack of clear and prominent signage in June 2016, seven months after the alleged event. 



It is inconceivable to think that Highview installed signs after the first photo was taken and then removed them before the Google camera car returned to take the second image.

Check what the BPA CoP for 2015 said about signs and entrance signs then quote any breach of said CoP.

Coupon-mad

Perfect evidence photos, @Fruitcake!  As long as that is confirmed by the OP to be the location, I'd say that nails it.