Highview Parking & DCBLegal - Letter of Claim

Ruttwood

Hi guys,

I’ve read through the newbie section and followed the steps there, but I think I’m at the point where I need some more bespoke advice.

I received a letter of claim from DCBLegal last month for a PCN issued in October 2016 by Highview Parking. I vaguely remember getting the original PCN through the post, and going back to the car park to take a picture because the area was pitch black when I parked and I couldn't see signage or find a parking meter - I've not been able to locate this picture but looking on google maps for 2016 I can see the meter is hidden around a corner. Since then I have ignored the yearly letter from DCBLtd. (I know I know, if I'd visited you guys earlier I'd have realised there were other steps I could have taken early on, I can only apologise for the inconvenience).

I'm not sure how much detail to give so apologies if I miss anything out or this post is too wordy, but this is what I have done so far:

1. I've emailed Nexus to request a SAR - they've come back asking for me to fill out their form and provide a copy of my passport, etc. I know I should NOT send them anything with my picture, but I'm unsure what I should send. I still own the vehicle, but unfortunately I didn't realise my V5 needed to be updated when I changed address. The address currently on the form is where I lived when the PCN was issued, but I've moved twice since then. DCBL have my current address as I received the letter of claim here, but I'm not sure what to do about my V5 and what evidence I should send back as ID for my SAR.

2. I've emailed DCBLegal asking for the 30 day hold, they've responded today asking for me to confirm the first line of my address and postcode, which I have just responded to.

3. I've looked at complaining to the landowner, however I've hit a snag. At the time of the PCN the landowner was a well-known Bingo company, but since then they've sold all their physical locations to another Bingo company, and that new company have now permanently closed the location where the PCN was issued. Should I be attempting to make a complaint to the original company, or the new company?

4. Similarly to 3 - if I were to complain to an MP, do I complain to the MP based where the car park is, or my local MP?


Once I've successfully made my SAR am I just going to be waiting for court papers to arrive, or is there anything else I should/could be doing?

Sorry for the wall of text, and thank you in advance for your help.

KeithP

Send Group Nexus a copy of that Letter of Claim from DCBLegal as proof of you name and address.

If you haven't done so already, get your vehicle's Registration Document updated with your current address. Can be done online in an instant.

Write to the Data Protection Officer at Group Nexus instructing them to change your address to your current one and insist that the remove all record of your old address. At the same time tell GN's DPO to instruct all their agents, including, but not limited to, DCBLegal, to do likewise.

Redx

1) Do not give them copies of your passport or driving licence , definitely no photo I D , they are not entitled to extra data , plus this has come up scores of times on here , the ICO website has advice on GDPR etc

2 recent redacted copies of utility bills is sufficient , plus a copy of the V5C if you have it and if it's up to date ?

2) correct , they have to follow GDPR data protection too

3) the one who signed the contract at the time , it may be the bingo company , or not , they may be tenants and not the landowner ( how and why are you sure that the bingo company was the landowner ? Or are you just assuming ? With no real facts ? )

4) local MP for your constituency , parliamentary rules say so

Wait for replies and a court claim pack from the CCBC in Northampton

Keep trying for a landowner cancellation

Do what KeithP said above too

Ruttwood

Thank you both!

KeithP - I have done as you have advised, except for my V5 which apparently can only be changed online between 7am and 8pm. I shall sort that in the morning.

RedX - with regards to who the landowner is, you are correct in that I don't know for certain. The location on all the debt collection letters referred to this Bingo company's site, but I guess I'll have to see what comes back from the SAR to confirm. Thank you for clarifying on the MP, I shall contact them in the morning.

Again, thank you both for your help. 

Redx

Even a SAR reply is unlikely to confirm who the Landowner is , just the location !!

Several years ago my relative received an Excel PCN for parking at gala bingo on Ashton Retail Park , but in the Popla evidence pack the landowner was Tiger properties !  Never assume that the business on site is the actual landowner , most businesses are tenants ! If they are tenants then they may only know who the managing agent is , not the landowner.

By all means complain to the bingo company , but add a caveat that if they are not the landowner then they should tell you who is , or the managing agent so you can complain to them instead

D_P_Dance

Have you complaned to your MP?

Have they added  extra unlawful amounts for debt collection etc?. 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

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Ruttwood

Hello all!

I'm coming back to this thread as I've received my claim form from the county court business centre (N1SDT) and I'm hoping to get a bit more helpful advice on how to proceed. I'm not sure how much detail I should or shouldn't share so if I need to add more details or delete something quickly please let me know. The details so far are as below:

1. Issue date: 26/07/2022. (Received 27/07/2022).

2. I acknowledged the claim 27/07/2022. (I realised after acknowledging that I should have waited 5 days but alas. Thankfully not the end of the world.)

3. I've dug up the old dcbl debt recovery letters and it seems the original fine was for £85, which got inflated to £169 in December 2019 with VAT administration and recovery fees, then reduced to £155 in January 2020. (I'm assuming and hoping this is still enough of an increase to help support the false admin costs argument.) The amount now claimed is just under £220, plus court and legal fees taking it to a little over £300.

4. I've managed to find the old photo I took back in 2016. Whilst it's not professional standard, you can see that the whole car park is lit by only a single light, and doesn't illuminate any of the signage. I think it's clear enough that the signage is poorly lit to include in my evidence when I submit my witness statement.

5. I'm still reading through the large amount of information on the forum but my draft defence is currently as below. If anyone could critic it for me that would be greatly appreciated.

6. I think at this point I have done everything I need to, and I will just need to submit my defence on or before the 23/08/2022. After that will be my witness statement, questionnaire form, etc. If there is anything I need to do or should look into which I have missed out please let me know.

As always, thank you in advance for any and all advice given. You guys are amazing!



Defence paragraphs 2 and 3:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. The alleged event was over five years ago so it is difficult to remember the complete facts, however it is known that the Defendant did park in the stated car park on the alleged date of the event. At the time of the event the car park was poorly lit, with signage being completely unlit. Due to the entrance of the car park being through another car park, it was not clear where the Defendant should pay, with the Defendant subsequently being unable to find a pay machine upon searching for one.

KeithP

Ruttwood said:

I've received my claim form from the county court business centre (N1SDT)...

1. Issue date: 26/07/2022. (Received 27/07/2022).

2. I acknowledged the claim 27/07/2022. (I realised after acknowledging that I should have waited 5 days but alas. Thankfully not the end of the world.).

6. I will just need to submit my defence on or before the 23/08/2022.

With a Claim Issue Date of 26th July, and having filed an Acknowledgment of Service on 27th July, you have until 4pm on Wednesday 24th August 2022 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

It might be better to say 'it was not clear whether payment was required and no pay and display machines were visible'.  Whether rather than 'where'.

Also if you appealed at the time, say that as well.

Ruttwood

Thank you both. I have amended the defence as suggested. Unfortunately I didn't appeal at the time as I thought I could just ignore it (foolish in hindsight, but that's where we're at).

Defence paragraphs 2 and 3:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. The alleged event was over five years ago so it is difficult to remember the complete facts, however it is known that the Defendant did park in the stated car park on the alleged date of the event. At the time of the event the car park was poorly lit, with signage being completely unlit. Due to the entrance of the car park being through another car park, it was not clear whether payment was required and no pay and display machines were visible.

If there's no benefit waiting until almost the 24th, I'll probably just submit this week (during working hours so I can get a response to my email.) Other than that I think I'll just be waiting for the forms to come through to me.

Thanks again!

Ruttwood

Apologies to double post, but I've just stumbled across this post about Highview not giving the proper notice for keeper liability according to the PoFA - is this still something that can be used in a defence? If so I will amend my defence to reflect.