Highview/DCB legal claim form defence help

1505grandad

"His Honour Judge Smith describes section 4 of PoFA as a ‘real remedy’ which allows parking companies ‘to take proceeding against a registered keeper of a vehicle in circumstances where the identity of the driver is not known’."

Sorry for being so pedantic but if you are quoting from the Judgment there is an "s" missing on the word "proceedings":-

Judgment quote:-

"That, on the face of it, does put a company like Excel in a difficult position because they

have to work on an assumption that the registered keeper was the driver unless the

registered keeper tells them to the contrary and that enables a registered keeper to

prevent the company from taking proceedings against the correct defendant, namely the

driver. "

ItDoBeLikeThat

Sorry for being so pedantic but if you are quoting from the Judgment there is an "s" missing on the word "proceedings":-

Not a problem. Thanks to you and @Coupon-mad for checking it so thoroughly and your help overall. I'm going to go ahead and submit it now and see how it turns out.

ItDoBeLikeThat

Sorry guys for the delayed update but I was finally done with this last month. Massive thanks to @Coupon-mad1505grandad for helping me write the witness statement and everyone else on this forum for helping me out in the other processes. Long story short, I won at the final hearing because not only did they not have proof that I was driving but could not come up with an explanation for why their evidence of signs was outdated.

I was awarded £95 which I thought was quite less considering I had to attend the dispute resolution  hearing which was a massive waste of time with the pressuring me to come to an agreement. I then had my first proper hearing which only lasted 10 minutes because for some reason, it was deemed that going through the points on my witness statement would take more than 2 hours so a 4 hour hearing was then scheduled. Eventually, with a different judge in my final hearing, he was confused why it was given a 4 hours timeslot in the first place and we were done in an hour. 3 working days lost when it could've easily been 1 smh.

At least I won and didn't have to pay Highview. Let me know if there's anything else I can do. Again, thanks for all that helped me during this process and not falling for the scare tactics.

Coupon-mad

Yay!

ANOTHER HIGHVIEW ONE BITES THE DUST!

Well done for winning.  And...

...please don't leave us yet!

We need you - as a genuine PPC victim of aggression, sharp practice and an 'extortion' attempt to add £70 - to respond robustly to the Public Consultation on the level of parking charges and banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

And then the industry threw victims' money at it and blocked and delayed it - explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens within weeks.

We need people like you and your driving family & friends to respond in high numbers!

You have a personal story to tell about the culture of getting a DRA to add a pointless £70 for their own profit, to be let loose to intimidate people.

This final Consultation effectively changes the law.