Highview / DCB Legal Claim Form

2a1d

Finally received a response from Nexus, which took 6 days. Usual response on asking for proof of identity and fill in their usual form.
Aware the keeper should be ignoring the form. Unsure however on which proof of identity they can offer which will appease them.
They can share the claim letter, however they're not currently named on any council tax / gas bill. The only things they have with an address are driving license, credit card and mobile phone bills. They also no longer own the car that's in the claim.

Edit: Looks like it should be simple enough to add them to the Council Tax bill. Gas we'll have to see. If no other options, will it be just a case of waiting to respond to Nexus until I've updated these?

KeithP

A County Court Claim Form with your name and address on it is perfect for identification purposes.

Redx

2a1d said:

Finally received a response from Nexus, which took 6 days. Usual response on asking for proof of identity and fill in their usual form.
Aware the keeper should be ignoring the form. Unsure however on which proof of identity they can offer which will appease them.
They can share the claim letter, however they're not currently named on any council tax / gas bill. The only things they have with an address are driving license, credit card and mobile phone bills. They also no longer own the car that's in the claim.

Edit: Looks like it should be simple enough to add them to the Council Tax bill. Gas we'll have to see. If no other options, will it be just a case of waiting to respond to Nexus until I've updated these?

Any recent utility or company invoice/bill with name and address and post code is ok , say within the last 3 months , the defendant is providing data proof of who they are , the ICO website gives guidance notes on I D 

Credit card details are ok , suitably redacted

Ditto with mobile phone bills

Council tax bill is ok

HMRC or DWP or DVLA is ok too

2a1d

Thanks keith/Redx for your ID advice.

Just collating the defence based on the template. I think I've managed to pick out the correct templates based on other threads.
I have a query on paragraph 6, is it correct to include the bolded section if the first the keeper had heard of the PCN was the settlement letter?

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. The Defendant is unable to recall if they were the driver of the vehicle at an unspecified time four years ago.

3.  The Defendant has had no communication with the Claimant until the "Final Settlement Offer" letter from DRP.

4.  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 £267.57 (inclusive of £35 Court Fee & £50 Legal representative's costs) from an initial claim request of £140. The Defendant understands that this relates to a PCN that was issued against the Defendant’s vehicle 4 years ago on dd/mm/yyyy at (Location). The defendant has not owned the aforementioned vehicle since 2020 and has since moved to a new address.

5.  The Defendant as the registered keeper of the vehicle in question notes that they cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012 ('PoFA'), Schedule 4.

6.  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.

7.  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 £182.57. The Defendant has excluded the £25 Court Fee & £50 Legal representative's costs from the Total amount for the purposes of this defence point. 

8.  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).

Many thanks in advance for any thoughts

Coupon-mad

OK, remove 4 and you are there.  It adds nothing at all to the defence.

Redx

Agreed , save 4 for the witness statement in several months time. Remember , keep the defence concise , to the point !
Then slot them into the template replacing 2 & 3 , renumber , then email it to the ccbcaq email address if you are satisfied with it

1505grandad

Before you remove para 4 check that the sums quoted in para 7 are correct

Le_Kirk

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant is unable to recall if they were the driver of the vehicle at an unspecified time unremarkable day [over] four years ago.

Suggestion above.  The time must have been specified in the claim.  If it wasn't they have no claim and how would you know you were or were not driving?  Add in the bit in square brackets if true.

2a1d

Thanks to the four of you, very helpful. I'll get this sent off now.

2a1d

So this case has made it through to getting a court date now of early November so it's time to start the witness statement.

Quick summary of my original post as my request to have them combined didn't happen.

Due to an address issue with DVLA the registered keeper didn't receive the original PCN in late 2017, the first communication received was the Final Settlement Offer about 4 months afterwards, at their new address.



I've been reading through a bunch of WS examples and started to base the WS in this case off of the aphex007 template.
All the examples have quite a lengthy sequence of events and lots of evidence to back up their points.
The defence in this case is around not knowing who was driving on a random day in 2017, it could have been one of many people.
With this defence I'm unsure on the type of exhibits which could be included. 
Will it just be including the previous legal exhibits where appropriate?