Do I have a leg to stand on?

Gilbs

Hi all,

Unfortunately I have a completely unremarkable parking fine. My question relates to me really having no excuse not to get a ticket, and the car park seeming to tick all the boxes of what they should do (obviously I’m no expert though). I shall explain…

It rates to a PCN I got back on 25/08/18 for forgetting to buy a ticket. I got this at urban Exhange car park in Manchester. I simply forgot the buy a ticket. 

I ignored the letters that I received chasing payment and filed them into the bin thinking (from the little research and what friends and family told me) that they couldn’t legally get the money from me. Yes, naive I know.

I have now received a claim form, the claimant is Highview Parking Ltd, the legal representative is DCB legal.

They are claiming £211.36, £35 fee and £50 legal representative costs. Total £296.36.

Now I know if I challenge this the MOST it should cost me even if I lose should be about £200. However, reading on your forum it seems that the regular posters believe in the vast majority of cases they get overturned. Is that really still the case in my scenario? There is lots of signage (although these have no changed but I have no evidence), signs going into the car park, clear bays etc etc. 

Really what could be the reason that I would win? It seems most people who post do have some reasoning as to why.

I know you could never give me a definitive yes or no, but do people who really honestly have no excuse, manage to get out of this?

Apologies if there’s something obvious that I’ve missed, but any guidance on this would be much appreciated.

Car park here for reference:

https://goo.gl/maps/5gn4EHsr6xymKros6

KeithP

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

Yes of course it is worth you defending yourself.
Even if you were to lose the case, you would likely only have to pay around £200, not the £300 they are currently asking for.

Now... that's enough talk about losing...

Umkomaas

Really what could be the reason that I would win? It seems most people who post do have some reasoning as to why.

With Highview Parking, what about 'no keeper liability'?

Gilbs

KeithP said:

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

Yes of course it is worth you defending yourself.
Even if you were to lose the case, you would likely only have to pay around £200, not the £300 they are currently asking for.

Now... that's enough talk about losing...

The date is the 25th so I’ve got until the 14th haven’t I? I know… no reason to delay. To be honest I’ve only just found the forum and until this point have been pretending the letter doesn’t exist.

Umkomaas said:

Really what could be the reason that I would win? It seems most people who post do have some reasoning as to why.

With Highview Parking, what about 'no keeper liability'?

Just read about this. Thank you!

KeithP

Gilbs said:

KeithP said:

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

Yes of course it is worth you defending yourself.
Even if you were to lose the case, you would likely only have to pay around £200, not the £300 they are currently asking for.

Now... that's enough talk about losing...

The date is the 25th so I’ve got until the 14th haven’t I? I know… no reason to delay. 

With a Claim Issue Date of 25th November, you do indeed have until Tuesday 14th December to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Wednesday 29th December 2021 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

D_P_Dance

They are claiming £211.36, £35 fee and £50 legal representative costs. Total £296.36.

That alone could bring them down.

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recovery and some 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

However, a VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

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

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

Gilbs

That's amazing thank you.

I've read through the newbies thread. Just so I'm clear...

I'm about to file the AoS. Do I also need to send a SAR? This just seems to be in the LBC section which I don't think I've got... mine is a Claim Form?

Apologies if this is a daft question

Coupon-mad

Not daft, yes send Highview a SAR by email because that shows you all the letters you threw away.  DO NOT delay the defence waiting for it though, the data and letters are more useful later, not now.

Read any other Highview defences, particularly any from May/June as they all had the wording about the POFA no keeper liability.

Gilbs

Coupon-mad said:

Not daft, yes send Highview a SAR by email because that shows you all the letters you threw away.  DO NOT delay the defence waiting for it though, the data and letters are more useful later, not now.

Read any other Highview defences, particularly any from May/June as they all had the wording about the POFA no keeper liability.

Brilliant. Much appreciated for the heads up. I'll have a look back for the previous threads rgds highview and POFA.

Gilbs

Coupon-mad said:

Not daft, yes send Highview a SAR by email because that shows you all the letters you threw away.  DO NOT delay the defence waiting for it though, the data and letters are more useful later, not now.

Read any other Highview defences, particularly any from May/June as they all had the wording about the POFA no keeper liability.

I'm trying to look for the ones from May/June. 

I'm struggling to scroll back as there's over 2500 threads and when I search for Highview it comes up with all the threads in a random order, and when I sort by time it only comes up with a couple of threads. Am guessing I'm missing something obvious but if anyone could assist that would be hugely appreciated!

Redx

The search function Here has been bad since before the pandemic , but as it's group Nexus , try c p plus as well as Highview

Email a SAR to the DPO at group Nexus attaching a copy of the claim form plus copies of 2 recent redacted utility bills as proof of I D under the GDPR law. Legal points include

No landowner authority
Poor and inadequate signage
Poorly lit signage
POFA
No keeper liability
CRA
BPA CoP breaches

Etc