Highview Parking/DCB Legal County Court Claim

Coupon-mad

I don't think (after what I admit was a skim read) that this is the right 2015 report:

- The POPLA Annual Report 2015, that I will also exhibit, should your client proceed. Specifically the section headed KEEPER LIABILITY by parking law expert barrister Lead Adjudicator Henry Greenslade. https://assets.ctfassets.net/jsycjdw1p8kq/4n15qChCWmYyvpPo9fPyDo/9c1f276a1d3d848679636c6304070936/popla_finalreportleadadjudicator_2015.pdf

There were two in 2015, and of course you need to make sure it's the one with the section about keeper liability.

That Impact Assessment is the exact document I meant, good stuff!  See what we mean?  Govt is clear about this - a PPC can't presume about who was driving to try to avoid the fact they failed to use the keeper liability law, nor can they oblige a keeper to name a driver nor draw any adverse inference (Henry Greenslade). 

A keeper is either bound by the POFA to have liability, or (absent the POFA) they simply are NOT.

MissUltraViolet

Good spot! 

https://assets.ctfassets.net/jsycjdw1p8kq/1BbHkInc8M97VAxJjjasLe/b6ac462cf8916a04597fa65628a53726/popla_annualreport_2015.pdf

I found the right one. I shall let you all know what, if anything, I get back!  Thank you both.

MissUltraViolet

No reply to my email, but didn't think I would get one lol. I have now got their standard 'our client wishes to proceed' letter with a copy of the N180.

Can I just double check, instead of waiting for the court to send me one is the best advice still to just print two off and get them sent? Presumably I post one to DCB Legal as per the claim form address for them but can the one to court just be scanned and emailed using the same address I used for the defence or should I also post to them too?

KeithP

Why not continue to follow the checklist in the opening post of the Template Defence thread?

Item 7 on that list is...

Items 8, 9, 10, 11 and 12 on that list are also worth reading again.

MissUltraViolet

Duhhh, sorry! I totally forgot about that thread! I keep referring back to the newbies thread and I have been reading soooo many posts of others that have been though it/are going through it and everyone does things ever so slightly differently sometimes it all gets a bit confusing.

Thank you for pointing out the defence thread! What I need is there.

MissUltraViolet

Update - A bit of confusing legal speak (the heat is turning my brain to mush) but I'm assuming this is saying Highview didn't send the DQ and they have been given another week to do so? 

Umkomaas

Looks to be aimed at Highview, but sometimes the CCBC can make admin boobs. Just check your MCOL History to ensure that the CCBC haven't sent you a DQ for completion (which might have gone astray in the post .. possibly). Just cover all your bases as safety first!

MissUltraViolet

I did initially have a mini panic that they meant me but I definitely emailed my DQ in time.

MCOL shows - 

DQ sent to you on 25/05/2022

You filed a DQ on 21/06/2022

General sanctions order was made on 07/07/2022

Presumably the last point relates to the letter I recieved and it's Highview being useless and not me!

MissUltraViolet

The claim issued against you was struck out on 08/08/2022.

I guess DCB didn't bother to send their DQ back. What a complete waste of time!

Le_Kirk

Put that down as a win - one for the good guys and gals).