Highview parking DCB legal court claim form

jennywhite9

i I’m wondering if you can help. I’ve just received a claim form from DCB legal Ltd on behalf of Highview parking. The issue date is 16th March 2022. Yesterday the 24th I sent the AOS via money claim online. I also sent the SAR via email to Nexus group, copied from here. I messaged DCB legal via their website as couldn’t find their direct email address. Is that all correct? Also could you tell me the deadline I now have to file defence?  I can’t the the defence template either. 

My fine was from 6 years ago in June. It was a disability car as I was going through treatment for cancer. I can’t really remember any details as so long ago. I think it was probably me driving but I was not the only one insured. My hubby was too. If I’m in a photo what they have then I assume I will have to say it was me. I don’t usually go into the town stated, but if it was me I vaguely recall going into a salon which I’ve never been to before. I parked behind it. I didn’t see but didn’t look to see if I had to pay. As it was behind the said shop. I was late so rushing. Can anyone help me? Thanks Jenny 

jennywhite9

The car reg stayed in claim form isn’t on dvla website as hubby checked. I only had the car for 2 years. 

Fruitcake

Take a breath, and breath. I hope your treatment was successful.

It is not a fine. 

You are doing okay so far. By my rough calculations you have 33 days from the issue date of the claim form as long as you do the AoS after day 5, which you did. All good so far.

The defence template is one of the half dozen or so sticky Announcements at the top of the forum, just down a bit from where you clicked on the Create Post button.

You only need to concentrate on paragraphs 2 and 3, then post them here for checking.


Para 2 should be something along the lines of admitting to being the keeper but liability is denied. The identity of the driver is not know.

Don't go trying to work out who was or wasn't driving. In other words, don't go looking for a reason to lose the case.

Para 3 should mention something about the type of car park, but also state that it is impossible to remember who was driving on an unremarkable day nearly six years ago.

Complain to the landowner. It is never too late to get a landowner cancellation.
Complain to your MP.

Get pics of the site and signage, or see if there are any useful historic images on google streetview (GSV).

Please tell us where and when the alleged event occurred. It may have cropped up here before. 

Jenni_D

I'm sure @KeithP will be along to confirm dates, but ... with an issue date of 16-Mar and AoS done in a timely manner, you have 33 days from the issue date by which to file your defence (by email) with CCBC (MCOL). So that would be by 4pm on Monday 18-Apr-22.

Your defence is mostly already written for you ... see the Template Defence announcement thread which is "stuck" near the top of the threads listing. You only really need to edit points 2 and 3. (Don't try to use this forum with a mobile device - use a proper PC).

And it would be unusual for them to have an actual CCTV image that shows you - it's more likely to be an ANPR image showing the vehicle reg. And if this was a motability car then you would likely never have been the registered keeper anyway? (Or were you, but Motability kept hold of the V5C document? You could always do a SAR on DVLA to inquire whether your details have ever been associated with that vehicle).

Also read some of the many Highview court threads here.

Fruitcake

jennywhite9 said:

The car reg stayed in claim form isn’t on dvla website as hubby checked. I only had the car for 2 years. 

This is confusing. Are you saying you weren't the registered keeper of the vehicle six years ago? It's possible the car has since been scrapped or sold overseas or that VRM withdrawn from use.
It is irrelevant as long as the car was registered at the time of the alleged event.

You can ask the DVLA for free if and when you were the registered keeper of the vehicle with the VRM stated on the claim form. Give them a date from before the alleged event to today for their search criteria.

jennywhite9

Sorry if confusing. Some words didn’t come out right! Predicted test. I think it was my car but can’t find it. The reg. looks familiar. 

jennywhite9

Hi thanks everyone. It was Mill Street car Park crewe. Nexus has emailed a form for me to fill in. Asking for The following. 

GroupNexus need to be able to confirm that the individual submitting a subject access is the person whose information is being sought. To enable us to do this we need to confirm your identity.

We will need the following from you to enable to confirm your identity prior to releasing personal information. Please provide a copy of:

•​Passport or driving licence

•​Utility Bill 

•​Confirmation from the DVLA that you were the registered keeper of the vehicle on the date in your request.

What do you suggest? 

jennywhite9

Also this in email. 

jennywhite9

What I’m saying is, I recognise the car reg. But will not have had the car for approx 4 1/2 years. I can’t remember. Is it up to me to check or should I let them check it out. I didn’t keep any info on car or any paperwork from Highview. 

Fruitcake

Ask the DVLA as I suggested previously if you are unsure. You don't want to be defending a claim for which you were never the vehicle keeper. It is irrelevant who the keeper is now, only who the keeper was at the time of the alleged event.
The chances are that it is correct, so work on that principle for the time being, but you still need to confirm this.

The important thing is not to give the slightest hint about the driver's identity. If it could have been someone else, then you say you don't know who was driving because that would be true. 
Don't go proving their case for them.

Include proof of ID with the SAR such as a copy of the V5C if you have it, or a selection from two redacted utility bills or bank or card statements.

Never send photo ID. 

Fruitcake

jennywhite9 said:

Also this in email. 

Cobblers. The DVLA do not hold vehicle ownership details. The V5C actually tells you it is not proof of ownership.
Their comment that the 30 days doesn't start from the date they receive your request, but from when they receive proof of ID is also cobblers. It is not what the ICO website says at all.