CCBC claim DCB legal on behalf of Highview parking

Mullered

Morning all.

Seems from browsing the board that Highview are obviously having a batch of CCBC claims from 2018. We have received one dated 10th March for an overstay back in 2018, original paperwork was "filed" due to some spurious advice at the time. From reading some of the other posts I seem to gather that Highview are unable to chase keepers due to POFA non compliance as long as driver is not identified.

Claim form states:
1: The defendant (D) is indebted to the claimant (C) for a parking charge issued to vehicle **** at *********.
2: The PCN details are **/**/2018
3: The PCN was issued on prvate land owned or managed by C. The vehicle was parked in breach of the terms of C's signs (the contract) thus incurring the PCN
4: The driver agreed to pay within 28 days but did not (I can assure you they didn't there has been no contact at all  ). D is liable as the driver or keeper. Despite requests the PCN is outstanding. The contract entitles C to damages
The claimant claims £155 being the total of the PCN and damages.
Interest at 8% per annum
Costs and court fees

Which totals almost £280.

I am just about to do AOS on MCOL which I will then treat as read only, and SAR to highview. No admission will be made as to identity of driver, and will start preparing appeal, which I believe will be along lines of non compliance with POFA and keeper therefore not liable and not identifying driver as they weren't.

thanks

Mulls

Fruitcake

With regards to this, you are not correct. It is a non point. Forget it. 

4: The driver agreed to pay within 28 days but did not (I can assure you they didn't there has been no contact at all ).

What is the issue date on the claim form please. Do not do the AoS before day 6.

You are too late for an appeal. 
You should follow the guide to court written by bargepole that you will find in the second post of the NEWBIES Announcement, and should be using the new template defence you will find in the sticky Announcements.

Post your version of paragraphs 2 and 3 here for checking when you are ready.

Mullered

Fruitcake said:

With regards to this, you are not correct. It is a non point. Forget it. 

4: The driver agreed to pay within 28 days but did not (I can assure you they didn't there has been no contact at all ).

What is the issue date on the claim form please. Do not do the AoS before day 6.

You are too late for an appeal. 
You should follow the guide to court written by bargepole that you will find in the second post of the NEWBIES Announcement, and should be using the new template defence you will find in the sticky Announcements.

Post your version of paragraphs 2 and 3 here for checking when you are ready.

Hi fruitcake, thanks. I wasn't going to make a point of it, just didnt want anyone thinking we have made any contact with them "agreeing to pay" and admitting who the driver was when we havent that was all.

issue date was 10th March

thanks

Fruitcake

The contract is formed by signage at the car park. They will say something like, "if you park, you agree to the Ts and Cs stated on these signs."

Coupon-mad

 The driver agreed to pay within 28 days but did not (I can assure you they didn't there has been no contact at all   )

That's not what it means.  They are not saying you 'agreed' in a verbal or written sense.

Anyway you can copy any other Highview defence from March, that includes the POFA and is based on the new March 22 template defence.  

KeithP

Mullered said:

Seems from browsing the board that Highview are obviously having a batch of CCBC claims from 2018. We have received one dated 10th March

I am just about to do AOS on MCOL which I will then treat as read only

With a Claim Issue Date of 10th March, you have until Tuesday 29th March to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

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

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 12th April 2022 to file your Defence.

That's 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'.

Mullered

hi ladies and gents,
haven't been very well, and haven't had the brainpower or energy to be able to concentrate on this.. hence defence is due by 4pm today, have scoured the other highview related tickets and come up with this (other sections are all from the template defence.
please let me know whaty you think and will print it sign it and get it emailed to the court and defence solicitors

many thanks

Mulls

The facts as known to the Defendant:

2. Through research the Defendant has come to understand the claim relates to a PCN(s) that was issued against the Defendant’s vehicle *****, over 3 years ago on *****. It is admitted that the Defendant was the registered keeper of the vehicle in question at that time but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the driver of the vehicle in question and is unable to recall who was driving on that unremarkable day over 3 years ago.

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

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 of how they arrive at the Amount Claimed for a Total of £******* (The Defendant has included the £35 Court Fee & £50 Legal representative's costs for the purposes of this defence point).

Coupon-mad

Looks fine as long as this statement is true, to the best of your knowledge, and you can say why you don't think you can have been driving, if the Judge asks:

The Defendant was not the driver of the vehicle in question 

Mullered

thanks for the help everyone, highview have discontinued shortly after getting court date through 

Boat_to_Bolivia

Congratulations!

Coupon-mad

Mullered said:

thanks for the help everyone, highview have discontinued shortly after getting court date through 

Yay! Woohoo! Calling @Umkomaas!

ANOTHER DISCONTINUANCE!

ANOTHER HIGHVIEW ONE BITES THE DUST!

And we sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA and roboclaim 'legals' gaslighting of people.

Please come back here when it opens, and you can make sure you don't miss the Public Consultation:

If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Then join us when the Consultation opens in a few weeks.