DCB Legal - Highview Parking - Advice on Defence for Claim

ChrisA7979

DCB Legal - Highview Parking - Advice on Defence for Claim

Hello,

Thank you in advance for any advice offered, this is our first time dealing with anything thing like this.

 

PCN dates back to 03/03/2018 at London Road Retail Park in Crawley         

The ticket has been issued in my name as the registered keeper - however, there were a total of 5 people on the insurance/who had access to the vehicle.

I don't remember receiving the original PCN - I did submit a SAR and have attached it below.

I received a Claim Form in the County Court Business Centre with pertinent details as follows:

Issue Date: 29 March 2022

Claimant: Highview Parking Limited

 

Particulars of Claim:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle …..

2. The PCN details are 03/03/2018 .......

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the POCN(s) is outstanding. The Contract entitles C to damages.

 

 

AND THE CLAIMANT CLAIMS

 

1.  £155 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment.

3. Costs and court fees

Amount claimed – 198.17

Court fee - 35.00

Legal representative's Costs - 50.00

Total amount – 283.17

Signed by Yasmin Mia

 

I have read the Newbies Read and to-date have actioned the following:

1.       Submitted AOS online on the 04/04/22

2.       Requested Subject Access Request all data, pictures, PCN correspondence from Group Nexus on 04/04/22- Responded - 12/04/22

 

Questions to the forum:

1. Is there anything specific that I have missed so far?

2. What is my defense? (Is POFA still the best way to go - I've read Redman2186 case)

 

Thanks in advance.

Coupon-mad

Yes, use the current March 2022 Template Defence and add the usual words about an unremarkable day x years ago, and the fact the NTK is non-POFA.  

KeithP

ChrisA7979 said:

I received a Claim Form in the County Court Business Centre with pertinent details as follows:

Issue Date: 29 March 2022

Submitted AOS online on the 04/04/22

With a Claim Issue Date of 29th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 3rd May 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

ChrisA7979

First draft -

2.       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 £283.17 (inclusive of £35 Court Fee & £50 Legal representative's costs). Through research the Defendant has come to understand that this relates to a PCN that was issued against the Defendant’s vehicle ...... over 4 years ago on 3rd March 2018 at London Road Retail Park, Crawley.

3.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was or was not driving on a random Saturday over 4 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 £198.17. 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).

Coupon-mad

Looks fine. A good example!

NB for new posters, this is merely the case facts section, not the whole defence (see Template Defence thread).

Fruitcake

I wouldn't mention a Saturday as the claimant might suggest that it implies the defendant recalls the day in question. An unremarkable day will suffice.

ChrisA7979

Afternoon,

I have just received the following letter from DCBlegal.

I have not heard anything from the court since the acknowledgment of my defense on 03/05/22.

Can you please advise if I should respond to this letter?

Thanks

Coupon-mad

It's standard. I presume you just didn't see that on any other DCBLegal court thread you read yet, but it's normail rubbish. Read other threads or just search a phrase from the letter with the name DCBLegal and you'll find it discussed before.

ChrisA7979

Hi,

I've not seen any post that mentions this letter so far - I'll take another look.

Many thanks

Le_Kirk

Searching the forum, I found at least one post relating to that DCB Legal letter: -
https://forums.moneysavingexpert.com/discussion/comment/78595349#Comment_78595349

ChrisA7979

Afternoon,

I received this letter today even though I sent back the N180 2 days after receiving it. I sent it to CCBCAQ@justice.gov.uk and received confirmation back from the email. Has anyone else experienced this & how do I proceed?
Should I resend the email and also send a paper copy?

Thanks