Court Claim Form - Guidance to fill in Defence Template

Coupon-mad

You need to copy one that talks about the non-POFA NTK and Henry Greenslade's words about keeper liability.

It's in loads of Highview threads this past month.

No link - you searching is the same as us searching, and is better forum practice for you because knowing how to use this forum is key.

Bikothomse

Coupon-mad said:

You need to copy one that talks about the non-POFA NTK and Henry Greenslade's words about keeper liability.

It's in loads of Highview threads this past month.

No link - you searching is the same as us searching, and is better forum practice for you because knowing how to use this forum is key.

Thanks - I'll start searching

Bikothomse

Hi Coupon-Mad,

I hope I have the correct wording - please check and advise.

3. The Defendant was issued with a Claim Form by DCB Legal acting on behalf of the Claimant Highview Parking Limited for a Total amount of £325.48 (inclusive of £35 Court Fee & £50 Legal representative's costs). This relates to a PCN that was issued for the alleged offence over five years ago on 16 December 2016 at The Stadium Retail Park Wembley.  A number of family members were insured to drive the vehicle in question therefore the Defendant is unable to recall who was driving on that unremarkable day over 5 years ago.

4. 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.

5. Following on from [4] where it is noted that the Claimant has elected not to comply with the 'keeper liability' requirements set out in the 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, how does the Claimant arrive at the Amount Claimed for a Total of £240.48. The Defendant has excluded the £35 Court Fee & £50 Legal representative's costs from the Total amount for the purposes of this defence point.

6. The Parking and Traffic Appeals Service (PATAS) and Parking on Private Land Appeals (POPLA) lead adjudicator and barrister, Henry Michael Greenslade, clarified that with regards to keeper liability, "There is no 'reasonable presumption' in law that the registered keeper of a vehicle is the driver and the operators should never suggest anything of the sort" (POPLA report 2015).

7. The Defendant has submitted Subject Access Request (SAR) to Highview Parking Limited who have acknowledged request and also to the DVLA.  The Defendant is awaiting SAR reports from both.

Thanks

B

Coupon-mad

Yep - that's it - but I wouldn't bother with mentioning the SAR.

Bikothomse

Coupon-mad said:

Yep - that's it - but I wouldn't bother with mentioning the SAR.

Thank you.

I'll remove point 7 and email Monday during working hours.

KeithP

Bikothomse said:

Coupon-mad said:

Yep - that's it - but I wouldn't bother with mentioning the SAR.

Thank you.

I'll remove point 7 and email Monday during working hours.

No 'working hours' on Monday. Leave it 'til Tuesday. 

Fruitcake

That looks like Wembley retail park, a frequent flyer location on this forum. Do a forum search using Highview and Wembley to cherry pick other threads about this location where posters are a bit further along the process.

The search facility on this site is pants, so you might find it easier to do an internet search adding MSE or moneysavingexpert etcetera to the search criteria.

Bikothomse

KeithP said:

Bikothomse said:

Coupon-mad said:

Yep - that's it - but I wouldn't bother with mentioning the SAR.

Thank you.

I'll remove point 7 and email Monday during working hours.

No 'working hours' on Monday. Leave it 'til Tuesday. 

Thanks KeithP.

I thought it may have been auto reply but will wait till Tuesday morning.

Bikothomse

Fruitcake said:

That looks like Wembley retail park, a frequent flyer location on this forum. Do a forum search using Highview and Wembley to cherry pick other threads about this location where posters are a bit further along the process.

The search facility on this site is pants, so you might find it easier to do an internet search adding MSE or moneysavingexpert etcetera to the search criteria.

Will do - thanks Fruitcake

Umkomaas

Follow the step-by-step guidelines to enable you to undertake some pinpoint searches here on the forum. Since using this process I have almost never had a 'fail'. It's really good, once you get the hang of the methodology. 

https://forums.moneysavingexpert.com/discussion/6289402/weve-updated-the-search-function/p1