Highview / DCB Legal Claim Form

Coupon-mad

With this defence I'm unsure on the type of exhibits which could be included. 

I'd go for these 2 transcripts that are from the Parking Prankster's case law pages:

- Excel v Lamoureux

- Excel v Smith (appeal by a Circuit Judge)


Plus:

- the POFA schedule 4 

- POPLA Annual Report 2015 (the specific section about keeper liability, which can be found by searching this forum for Henry Greenslade witness statement)

- a copy of your car insurance from the parking year if you can locate a copy and it shows more than one driver insured.

- NOT VITAL BUT NICE TO HAVE: any evidence that you definitely or probably were NOT the driver that day, if you think you were not and can show from emails - or something - that you were at work (or whatever!)

- plus the usual exhibits like Excel v Wilkinson (re the added fake DRA fee) and a copy of the ParkingEye v Beavis case yellow sign, as seen in the NEWBIES thread where tips about exhibits are listed.

2a1d

Thanks Coupon-mad, as helpful and insightful as ever

If a copy of the car insurance and evidence of likely not being the driver aren't available, will the judge look unfavourably on this? Given we're talking nearly 5 years ago I'm unsure what I'll be able to find, but I'll have a dig around.

Coupon-mad

No - but it would be useful to have, otherwise you could be presumed to have been driving if the Judge thinks you likely were, on the balance of probabilities.

Umkomaas

I thought I'd draw your attention to this fairly recent thread which you might have missed. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern of all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

2a1d

I've sifted through all the paperwork but there was a cull of old unnecessary paperwork when we moved house. Change of bank since then too so can't even check statements, sigh.
My sequence of events feels quite weak, probably because it is, but it's just the facts as we know it.
Guess the worst that would happen would be that the judge would find the keeper liable but only for the original charge.

Is it best to submit the witness statement before the claimant payment deadline?
Would seeing the template style defence mean they're less likely to go ahead?

Current sequence of events, happy to be told it's rubbish

3. In April 2018 I received a Final Settlement Offer from Debt Recovery Plus Ltd (DRP) suggesting a penalty charge notice had been unpaid and they were instructing Highview Parking Limited to proceed with court action.

4. This was the first I had heard of the event in this claim and at the time I was unsure if this was a scam or if I just had not received the original PCN.

5. After receiving the Claim Form from County Court Business Centre in November 2021, I contacted Highview (Nexus Group) to make a Subject Access Request. This is the first time I had seen the PCN and I can see the notice was sent to a previous address in December 2017. I moved to that residence in May 2017 and used the Royal Mail forwarding service for 6 months ending in November 2017.

6. I was the registered keeper of the vehicle at the time of the PCN but I am unable to recall the driver of the vehicle on an unremarkable day over four years ago.

7. At the time of the PCN, I was working at XXX and likely to have been working during those hours and I have had other named drivers on my insurance policy in the past.

8. The fact it has taken nearly 5 years for the claimant to take this PCN to court has denied me the opportunity to still have the relevant paperwork to prove this. It is unreasonable to expect paperwork to be kept for such an extended period.

Coupon-mad

That's all OK as a basic 'facts' section but you also need all the exhibits (cases) and wording that I advised you about above and the usual (as seen in dozens of other threads about Highview claims) section about their NTKs being non-POFA.

You mentioned a template defence but you are at WS stage. Not defence.

2a1d

Coupon-mad said:

That's all OK as a basic 'facts' section but you also need all the exhibits (cases) and wording that I advised you about above and the usual (as seen in dozens of other threads about Highview claims) section about their NTKs being non-POFA.

You mentioned a template defence but you are at WS stage. Not defence.

Yep, that's the next task, was just sorting that first. Thanks for reviewing.

Apologies, it has some parts of a template WS, not defence.
Is it better to get the WS in before their paying deadline?

Coupon-mad

No, I would wait until you see their WS because you can then pick holes in their evidence.

Le_Kirk

The example witness statements (WS) are just that, examples of format and style, they cannot be templates because your situation is different to the writer of the example WS.  You must slot your evidence in to the example such that it backs up what you stated in your defence.

2a1d

Just an update on this one, Highview have decided to discontinue court proceedings.

I just want to thank all that have helped at various stages over the last couple of years, myself and the defendant would have been lost without that help.