DCB Legal Highview Parking Claim

rose2807

Coupon-mad said:

Maybe sit down tonight and watch this, which covers the fact there are two trade bodies which has caused some of the issues:
https://www.channel5.com/show/parking-the-big-con

I'm the lady on the beach in that programme and in it, I explain the conflicting Trade Body parking Associations.  As does the MP that they interview in a car.  He's good.  Bargepole from this forum is also interviewed at his kitchen table, talking about what he does.

It also mentions the new law and Statutory Code coming in to regulate the rogue industry.  I think that programme will enlighten you.

I have had a further read on the new law, but will watch this- thank you. 

I have posted another draft.. Thanks so much though for your help.

1505grandad

Para 5 (the first as there are para numbers repeated) -  just checking  -  is (this) correct:-

"....Highview Parking Ltd. (now Nexus DPO Ranger)...."

The following is stated on the website:-

"Following  the successful acquisition of Ranger Services by CP Plus in 2015, the companies have merged to create GroupNexus, managing over 1,200 sites across the UK, serving both the private and public sector, including Healthcare, Retail, Education and Transport."

rose2807

1505grandad said:

Para 5 (the first as there are para numbers repeated) -  just checking  -  is (this) correct:-

"....Highview Parking Ltd. (now Nexus DPO Ranger)...."

The following is stated on the website:-

"Following  the successful acquisition of Ranger Services by CP Plus in 2015, the companies have merged to create GroupNexus, managing over 1,200 sites across the UK, serving both the private and public sector, including Healthcare, Retail, Education and Transport."

Will change this now- thanks so much!

rose2807

Hello all. 

I have just received DCB legal/ Highview witness statement. I will post a drop box link: https://www.dropbox.com/s/i46u4jv8jf83cig/Amended Witness Statement and Evidence Bundle (pag) (1).pdf?dl=0 

Is there anything I need to put in my witness statement to respond to this? 

Many thanks. 

Taiko

https://forums.moneysavingexpert.com/discussion/6240219/paintbrush-vs-dcb-legal-writing-defence/p9

Popping this one here as a holding post until I get back to a desktop where its easier to navigate. Statement from landowner appears identical to one relating to a retail park in Watford. Signature dates tie up also. 

Taiko

Ok, a few bits I'm picking up from the statement, firstly that you need to redact some personal inforamtion:

- Both tickets showing as approx 2h 40mins, on a 2h30 limit.
- ANPR only shows entry/exit, and this isn't parking. Grace period of 5mins entry/exit at minimum should be applied as per BPA Code 2018, so charge for 1 minute over disproportionate in any case. Others more knowledgeable than myself may have some case law around this.
- Paragraph xi mentioned that advance agreement is needed with the IPC for charges over £100. I can't see that Highview are IPC members, instead coming under BPA. Surely as an employee of Highview, Yvette Yates would be aware of this matter? Do a forum search for Joel Little UKPC, and you'll see throughout his witness statements, also submitted via DCBL, everything including formatting is near identical. That, and the above error, cast doubt on whether the statement is genuine in my opinion.
- Adam Stone witness statement is non-compliant. No evidence of contract. 
- Site map appears to be undated. 

Probably a couple things others will pick up on this. 

Coupon-mad

What's your WS deadline & the hearing date?

This thread shows that a complaint to Savills got a court claim cancelled:

https://forums.moneysavingexpert.com/discussion/6262436/5-and-half-year-s-court-claim-highview/p3

That wasn't the only one I found where Savills did the same.  Try that immediately!  FIRST!  NOW...

Never too late to try Savills.

You realise their contact details are on the white & orange entrance sign that merely says 'Riverside Retail Park Customers only' and says the car park is "for use of customers between  xxam and xxpm" and identifies Savills?

If you are local I suggest you get a readable photo of that white & orange-edged sign asap (for evidence) because there is nothing at the entrance about a time limit.

I looked on Google Streetview Oct 2018 and there is NO BPA compliant 'P' entrance sign (at all) which is mandatory in 'Annex A' of the BPA Code Jan 2018.

Therefore Highview were in breach of the CoP.

The copies of those NTKs they have put into evidence are not true copies (unless you scanned these & they glitched?).  The wording is overlaid, much of it is missing and it only says £40 will be added later.  The Highview signs within are sporadically placed for a huge 600-space multi-outlet car park and those signs are silent about adding 'admin/debt recovery' fees.

Also put in evidence the BPA's article on grace periods by Kelvin Reynolds (GOOGLE IT - use it as an Exhibit!).

You should be saying that, in a very large multi-store car park offering free parking for customers for 2.5 hours, any reasonable and professional ANPR operator acting in the best interests of their client landowner, and consumers, would allow a longer grace period, given that the BPA's mandatory 10 minutes is a minimum (ideal car park conditions and average car parks are smaller) not a maximum.

Tellingly, both the landowner document and the Claimant's Witness Statement are conspicuous by their silence about the 'grace period' that the landowner authorised for this very large site. Savills normally allow at least 15 minutes over and above parking time for big retail car parks and the only entrance sign identifies Savills and no customer time limit, let alone what the grace period was/is.

Even if the BPA CoP about the 'minimum ten minute grace period' might have applied (who knows?), this completely ignores the fact that the 'parking period' IS NOT the time between the 'in' and 'out' images captured.

This is confirmed by the DLUHC in the incoming statutory Code of Practice (currently stalled, but only temporarily, and no sections are to be revisited except the level of parking charges and the planned ban on the 'extortion' of the false added 'damages/fees' that were never paid nor incurred and merely enrich DCBLegal over and above the supposedly capped £50 legal fees).  The Statutory Code clearly states that the parking period is NOT the period between the two ANPR images in moving traffic.  There must be both a 'consideration period' on arrival of at least five minutes (longer in large car parks) and this is in addition to the mandatory 'grace period' - in itself a minimum ten minutes - to queue and leave past the exit camera.

This matches the BPA's view about consideration (...used to be called 'observation') periods on arrival being flexible based on circumstances "not limited to disability" (Kelvin Reynolds, BPA top banana). 

I confess not to have viewed your own draft WS yet but you must also say you still don't know for sure if you were driving as this were two unremarkable dates from over 4 years ago (highly possible it was a family member).  This is important because the Claimant's case teeters on an unsafe assumption that a keeper who chooses not to respond 'must have been the driver'.

Absolutely untrue.

To this end, BPA members were warned in 2015 NOT to suggest such a thing, by POPLA Lead Adjudicator and parking expert barrister, Henry Greenslade, in his Annual Report section about KEEPER LIABILITY.

Put that page of the POPLA Annual Report 2015 (Google it) into evidence too and quote him.

Also append a copy of your car insurance from 2018 if it names more than one driver.  There is no keeper liability possible.

Point out that Highview cannot hold you liable as registered keeper, due to their choice never to bother to use the POFA (para 9 of schedule 4 shows what the had to do if they were to opt to hold a keeper liable - put sch4 into evidence).

Coupon-mad

Further, have you bookmarked and been following similar current Highview claim threads?  Look at these outcomes:
https://forums.moneysavingexpert.com/discussion/6344384/ccbc-claim-dcb-legal-on-behalf-of-highview-parking/p1

https://forums.moneysavingexpert.com/discussion/6352243/help-needed-for-defence-please-highview-dcb-legal/p4

That last one is EXACTLY like your case!  Same location, the lot.  I suspect their WS bundle has everything you need... you should compare notes.

pandapop88

Coupon-mad said:

Further, have you bookmarked and been following similar current Highview claim threads?  Look at these outcomes:
https://forums.moneysavingexpert.com/discussion/6344384/ccbc-claim-dcb-legal-on-behalf-of-highview-parking/p1

https://forums.moneysavingexpert.com/discussion/6352243/help-needed-for-defence-please-highview-dcb-legal/p4

That last one is EXACTLY like your case!  Same location, the lot.  I suspect their WS bundle has everything you need... you should compare notes.

So my case is the second link from ⬆️ and my I’ve just received notice that all court proceeding have been stopped.
I didn’t even get to the stage of writing a witness statement to send, so sorry I haven’t got one you can adapt. Hopefully yours will have the same outcome. I’ll have a read of your thread and see if there’s any ideas I can add to help you. 

pandapop88

Out of interest were you parked B and M or Boots side?