Highview Defence Assistance Please - Witness Statement Help Please - First Result on First Claim

Jinks_65

Hi - I have to get my defence in by Thursday preferably for a parking claim from Highview.  I know it's late but I'm all in a muddle working and caring for my widowed mum and still sorting my dad's estate out so am very disorganised and a bit stressed.  I can confirm I read the threads, but understand I can now post my suggested defence for advice? If not, I think I'll be advised   I also haven't yet done a SAR - is that too late to bother?
 
So, the amount claimed is 181.04, court fee 35.00, legal rep costs 50.00 so a total of 266.04. 

The parking offence is 17/06/17 - I believe it could be more about parking in breach ie/ in spaces I shouldn't have used, rather than going over time, though it does not actually say what it is for exactly - does in breach just mean it is that or could it be overstaying?  If it is incorrect spacing then I received this parking notice and appealed at the time to POPLA but never heard anything further and assumed it was dropped/agreed on appeal.  However, that computer with the appeal and that phone with pictures are both unlikely to be able to be accessed, and obviously by 3 years later when they first followed up, I probably have deleted them, which is not helpful now I appreciate.  I felt at the time (if it is this) that actually the signage was not clear about where you could/could not park, I certainly did not see it, or I wouldn't have parked where I should not.

However, I have not mentioned the above in my defence - is this right?

My defence is as follows for the paras 2-3 - I am assuming I just copy the rest from the appropriate thread? 

I would very much appreciate any help - I'd probably have been better just paying the original don't pay take it away folk as I have so little time/energy to sort this, but hey ho I didn't!  But now I am very worried about a CCJ as my credit rating can be reviewed at my place of work.

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. At the time of the alleged breach my insurance cover allowed others to also drive my car, and I cannot now recall if I was driving the vehicle that day or not.

3.  I first heard of this parking charge upon receiving a debt recovery letter in March 2020, nearly 3 years after the claimed breach, also at the start of lockdown and the start of caring for my elderly parents.  I did not receive anything further for many months but then returned home from full time care of parents, and loss of father, to the receipt of further similar letters threatening action for a claimed breach I still knew nothing about.  To be in receipt of a bombardment of debt recovery letters during a difficult global and difficult personal period left me feeling unduly harassed and distressed.   I would also point out that as the first I heard of the alleged breach and claim was a debt recovery letter in March 2020 then the Claimant has not complied with the ‘keeper liaibility’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.  

Appreciate any responses - thank you.

KeithP

What is the Issue Date on your County Court Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Jinks_65

Hi - thank you for responding.
issue date 12 October
AOS 27 October

Redx

Read a few other Highview Parking defences , to see how they looked and were approved , we had loads of them 6 months ago

The word I is not used in a defence , you are the defendant , so claimant and defendant , so rework paragraphs 2 and 3

3) is a rant about missing documents , it needs to focus on legal points and the type of car park etc. Leave the stories for the witness statement in several months time

Email a SAR to the DPO at Nexus group attaching a copy of the claim form as proof of I D , also attach redacted copies of 2 recent utility bills too , but no photo I D under any circumstances !!

If the drivers details were not divulged , think about your Defence , is it as keeper , or keeper and driver , or as driver ?

Johnersh posted about this topic a few months ago , read his take on it !

Highview never complied with POFA , so thats another aspect if the driver was not outed !

Jinks_65

Hi - thank you - I read some but clearly rushing and didn’t take them in.
I can do p.2 easily - p.3 I read on one thread to mention if I felt harassed, is that not right? Or streamline it?
really appreciate this - answering on mobile but will get on laptop to edit the defence later.
again I honestly wish I’d just paid the first recovery letter but their methods and high rip off costs annoy me.

Redx

Streamline it then

The Defence provides the doors , those are opened in the WS plus Exhibits stage in several months time , plus in the Court hearing if it gets that far , so briefly mention the lack of paperwork , if it's not your error , because Highview obtained keeper details from the DVLA , the keeper has a legal liability to keep the details up to date at all times , so if you didn't do so , why highlight it

Debt collectors letters are considered to be standard business practice , so little to complain about there , harassment is a very high bar to prove in Court , so think about your words , this is a legal document , so follows legal procedures

Debt collector letters for an unpaid invoice is not harassment , not in law , only in your mind

So do not rant and shoot yourself in the foot , every word has meaning , harassment or not won't be a factor in the claim , probably not in the judgment either. Plus if you are not counter claiming to prove harassment , it won't have any legs

D_P_Dance

So, the amount claimed is 181.04, court fee 35.00, legal rep costs 50.00 so a total of 266.04. 

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. 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''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Jinks_65

Thank you so much - I have clearly not read/absorbed some stuff properly.
I was the registered keeper with correct details registered. In my original post I said I do think the notice arrived and I appealed on basis signage was not clear, but heard nothing back and nothing  else until 2020. I did not admit being the driver. However, I am not even sure if this claim does or does not relate to this and I cannot locate my original appeal correspondence and photos due to pc breakdown. So it could be a different offence that I did not receive correspondence for due perhaps to post not arriving? 
should I mention the original appeal? 

Redraft stating I appealed even though I can’t confirm this?
thank you for all assistance- very much appreciated  though as I’m not so good at this would it be better just to try and pay now? If so how would I do this?
thanks again.

Redx

Redraft , post below , rinse and repeat until it's ready to go

Even a loss in court is less than what is on the claim form , typically £200 , so nobody here would agree to paying it

If the keeper appealed at the time and received no reply , say so , but don't complain about subsequent legitimate letters , even if it were Vodafone or British gas , debt collector letters follow unpaid invoices

Your SAR to the DPO at Group Nexus will reveal what was done , paperwork etc , including any appeal

Confirmation or not is at the WS stage , several months away

It is for Highview Parking to prove their claim is valid , or fail , you don't have to prove anything , although it's good if you can

Highview Parking have no idea who the driver was and never comply with POFA , so why assist them ?

Why not pay less if you lose than the inflated court claim ? Winners pay nothing

Ps , it's not an offence , no criminal law was broken , it's alleged breach of civil contract law , an alleged contravention , not an offence, it's a civil dispute over money , not a murder trial !  😆😆

Word's have meanin

Jinks_65

Lol at offence - I actually do know much better - or did, not sure if I’m stressed or demented - or just gone dumb 🤦🏻‍♀️

Thank you for your advice - I will redraft when I get to my laptop and then repost - tonight  - at my mothers for her appointments and frantically trying to cram work in around the edges of that and catch up here - I’m sure everyone is the same so thank you so much for the help on this.
I don’t know if the appealed notice is the one this refers to - I did stay over once by 10 minutes when I’d forgotten they’d changed from 2 hrs to 90 mins around the same time as the contravention of parking rules by being in a wrong bay - and so was expecting a notice but never got one - so this could be it - I stopped using that car park after that it seemed unduly complex! But that’s why I haven’t mentioned the appeal as it may be for an overstay I never heard about. Unfortunately my pc with the appeal letter on is not working and I didn’t get chance to retrieve my correspondence so I can’t check dates - and I really can’t remember yesterday let alone 2017! As it just says contravention on the paperwork can I assume it is the wrong bay parking? Or would contravention include an overstay?

Redx

Contravention could be any breach , so just state that due to sparse POC you do not recollect anything ,and the poc don't help ,

don't admit to anything , there are plenty of worded defences that mention this lack of details , so use their words ,  especially Highview Parking and C P Plus court claim threads and discussions , where no keeper liability due to non compliance with POFA feature greatly

It's your lack of research and no reply to a SAR that is causing your dilemma , use a pc or laptop for this , not a phone , do both

Don't ask questions until then , because it's groundhog Day on here , everything has been discussed , so if you don't know something , it's a lack of research

If I know it's here , it's because I have read thousand's of posts , despite never having a private PCN or Civil court case , same goes for any member