County Court claim - highview parking

Fruitcake

I refer you back to my post at 8.45pm today where I said,

"What happened when your wife complained to her employer/manager/CEO/the landowner?"

Coupon-mad

However, she also has a court claim.  Easy to defend using the resources already here on the forum.

We have a template defence to adapt and at least 2 other posters are writing Highview defences right now, so take look around thd forum and show us your draft facts paragraphs.

Sadly, your wife would 100% have had this PCN cancelled with one email appeal, probably within 24 hours, had you come here at the time.

D_P_Dance

There are 4 PCNs listed on the claim form  ... Amount claimed £788.64

They have added what appears to be several extra unlawful amounts for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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 Excel v Wilkinson.pdf?dl=0

However, 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 this,

"Abuse of process – the quantum

13. In addition to the disputed Parking Charge Notice claim amount of £100, the Claimant has added a sum of £60 that is disingenuously described variously as 'debt collection costs', ‘additional charges levied to cover the cost of recovery’, ‘additional administration costs’, ‘debt recovery costs’, ‘initial legal costs’ and ‘recovery costs’. The added £60 constitutes double recovery and the court is invited to find the quantum claimed is false and an abuse of process as was found by District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) in Excel vs Wilkinson: G4QZ465V, a similar case in which £60 had been added to a parking charge, heard in July 2020 (the transcript of which is exhibit XX-04). The Judge concluded that such claims are proceedings with 'an improper collateral purpose'. Leave to appeal was refused and that route was not pursued."

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/

stu007

Fruitcake said:

I refer you back to my post at 8.45pm today where I said,

"What happened when your wife complained to her employer/manager/CEO/the landowner?"

Emailed the ceo this was the reply....

"Thank you for your email to Ken Murphy our Chief Executive, where I am contacting you on his behalf.

You would initially have to appeal this yourself for the reasons you have explained , however the concern is that how far the issue has now progressed.

We also do not own the car park which is why we cannot appeal this on your behalf.

However if your appeal is unsuccessful , please can you come back to me and let me the know the reasons why that Horizon provide to you

Kind regards,

David Ballingall

Customer Service Specialist
On behalf of the Chief Executive’s Office
Tel: 0800 072 6685"

Not sure who they mean by Horizon, presumably meant Highview. Am I right in saying it's too late to appeal to Highview, as doing so would be informing them who the driver was? 

stu007

How does the following look as far as an SAR request goes....

Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

I am seeking information you hold regarding PCNs you allegedly issued to me the keeper of vehicle REG REDACTED on the dates

DATE REDACTED 2020

DATE REDACTED2020

DATE REDACTED2020

DATE REDACTED2020

Please supply the data about me that I am entitled to under data protection law relating to myself. This includes but is not limited to:

Copies of the any PCNs against me, showing photographic evidence if available

Any other photos relating to me or the PCNs,

All letters/emails sent and received from me.

Further, under the same data protection law, please could you provide a full itemised breakdown of every component cost relating to;

1. The individual cost of each PCN and every damage claim comprising the £680 stated in the court claim.

2. The conditions at which the £680 rises to £788.64 as claimed.

If you need any more data from me to confirm my identity please let me know as soon as possible, I decline to show a driver’s license or Passport. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

Le_Kirk

I would remove the sentence beginning "If you need any more data from me....." as you do not need to give them excuses to delay proceedings and you only need supply a COPY of the claim form (or any letter they have sent you) plus a COPY of your V5C proving your address. 

Fruitcake

I wouldn't give dates or PCN numbers either. Just ask what personal data they hold about you, the data subject. Include proof of non-photo ID.