Do I have a leg to stand on?

Gilbs

Redx said:

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

Excellent thanks.

Umkomaas

Gilbs said:

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!

I find I can use the forum search engine quite succesfully by following the guidance given specifically by @thingamaBob in this thread over on the 'techie' forum. I get the vast majority of things I'm looking for using it step by step. Try it, but make sure you follow each step as shown. 

https://forums.moneysavingexpert.com/discussion/6289402/weve-updated-the-search-function/p1

Good luck. 

Coupon-mad

Thanks @Umkomaas, that's useful, I will give that a go next time, too:

It may help if you follow these steps:
1. Click "Search" icon, put search term in box & click "Search" (same as before)
2. Click on "Discussions" button
3. Click on "Sort By" and select "Newest"
4. Click on "Category" on the right hand side and select the Board you wish to search from the drop down box.*
5. If you wish to include any sub-boards click to select "Search Subcategories"
6. Click to deselect "Polls"(Polls is automatically selected along with Discussions but rather than searching both, Polls currently seems to block discussions.)


*If you start typing the sub board you want to get to, it will bring it up. So if you type 'park' in the box, it brings up Parking Tickets, Fines and Parking which you can then select. Don't forget to unclick Polls. Then click Filter.

Umkomaas

Coupon-mad said:

Thanks @Umkomaas, that's useful, I will give that a go next time, too:

It may help if you follow these steps:
1. Click "Search" icon, put search term in box & click "Search" (same as before)
2. Click on "Discussions" button
3. Click on "Sort By" and select "Newest"
4. Click on "Category" on the right hand side and select the Board you wish to search from the drop down box.*
5. If you wish to include any sub-boards click to select "Search Subcategories"
6. Click to deselect "Polls"(Polls is automatically selected along with Discussions but rather than searching both, Polls currently seems to block discussions.)


*If you start typing the sub board you want to get to, it will bring it up. So if you type 'park' in the box, it brings up Parking Tickets, Fines and Parking which you can then select. Don't forget to unclick Polls. Then click Filter.

Oh, it's just soooo much better. I don't think I've had a serious 'fail' since using the process, and I pretty much have that off pat now. 🤗

Coupon-mad

You are right, it works!

Snakes_Belly

"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."

When you said you did not get a ticket where does it say "pay and display"?. Have I missed the pay sign?

There is a lot of random signage on entry to the car park which is very distracting. I cannot see how a contract could be formed by the overhead sign which seems to be the only sign on entry apart from all the other random stuff. I don't think that white lettering on a light green background on the overhead signage is easy to read either especially while you are driving.

Gilbs

Hi All

I've had the typical form back in relpy to my SAR asking for ID and who the keeper was. I've replied providing two utility bills and refusing any other info, explaining that what I have now sent should be satisfactory.

I'm also in the process of trying to find who the landowner is but proving to be a little tricky.

I'm now looking to submit my defence. I've literally copied and pasted Sprocker123's and changed to my details as all info seems to match... is that ok? It seems far too easy...

Please let me know if there's anything obvious I've missed in my defence:

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question on 25/08/2018 but liability is denied. It is not known who was the driver on 25/08/2018. Both the defendant and his partner shared use of the car and neither can remember who was driving on that day over three years ago.

 

3.  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 £296.36 (inclusive of £35 Court Fee & £50 Legal representative's costs). Through research the Defendant has come to understand that this relates to a PCN that was issued against the Defendant’s vehicle xxxx-yyy over 3 years ago on 25/08/2018 at Urban Exchange Manchester.

 

4. The Defendant believes that the Notice to Keeper was not PoFA compliant and therefore incapable of holding the keeper liable with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012 ('PoFA'), Schedule 4.

 

5. Following on from [4]  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 £211.36 The Defendant has excluded the £35 Court Fee & £50 Legal representative's costs from the Total amount for the purposes of this defence point.

 

6. 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).

(the rest is the template defence copied and pasted)

Gilbs

Hello!

I've now received my Directions Questions and I'm a little confused about what court to put in there. I read that it has to be my local County Court. I'm in Warrington but the closest 'County' court would be St Helens County Court and Family Court. There are closer courts in Warrington but I think one is a magistrates court. Would the St Helens one be correct?

Le_Kirk

You put in whichever County Court suits you best.  I doubt you would nee/want a Magistrates court.  Bear in mind though that these days a lot of hearings are by video or telephone.

Coupon-mad

We assume you've read the good news all over the forum this week and digested it?