Help Needed for Defence *Please* Highview/DCB Legal

pandapop88

Coupon-mad said:

pandapop88 said:

Would it be worth saying that the driver could have left and returned to the carpark in that time and may not have been caught on camera when leaving and arriving? Or could it sound a bit like clutching at straws....

Yes. I already suggested that...look how I edited my post after you quoted it. I set that possibility out.

Was your partner also i sured on the car, might not have been you?  Do you have the old insurance polucy from that year in your emails?

Thank you. My ex-partner will have been on the insurance, I have had a look but the car insurance documents are accessible only by logging in to the website and it doesn't recognise my email address anymore. I am going to contact them to see if they can send them. 

Would it be reasonable to lay out all the issues with the claim even if they contradict each other? I genuinely can't say exactly what happened, because I can't remember! So could I say...

If the driver did overstay it would have been due to the lack of clear signage and shopping with a toddler.
It could have also been the case that the driver left the car park and returned to take an item back to the shop.   ?

I really appreciate your help.

Coupon-mad

Yes - set out the various  possibilities and you can use my words.

Put them to strict proof.

It is their burden to prove and if it was your ex-partner driving, then as a matter of fact and law, you are not liable because Highview choose never to invoke 'keeper liability' which requires a warning set out in paragraph 9 of Schedule 4 of the POFA 2012. That keeper warning (set out as mandatory in para 9(2)f) is not in this Notice to Keeper (this Claimant never invokes keeper liability).

You can copy that from another Highview WS already written and you need the same exhibits as I suggested to this person:

https://forums.moneysavingexpert.com/discussion/comment/79505749#Comment_79505749

Read their WS and their outcome in the end! 

KeithP

In your post Today at 5:31PM you give us a link to google maps.
That link takes us to Riverside Retail Park in Chelmsford.
However, the images of the car park that you have shown us are of a retail park in Norwich.

Where exactly did this alleged parking event take place?

Re-reading your opening post it looks like Norwich is the place.

The totem sign at the entrance to that Norwich retail park looks like this...

[click on the image to go to GSV]

Are you local? What does the sign at the bottom say?
Usually it will be contact details for the shopping centre management who should be able to cancel parking tickets for genuine shoppers.

However, as your case has reached court, that won't be of much use to you now but do keep that in mind for the future - and of course it may be useful for others who come along later.

Boat_to_Bolivia

@Coupon-mad I try not to comment often...I'm on Read Only mode because I'm still learning and don't want to give wrong advice, but on this occasion, I have to express my appreciation for you helping the OP over and above the norm. Thanks.

pandapop88

KeithP said:

In your post Today at 5:31PM your give us a link to google maps.
That link takes us to Riverside Retail Park in Chelmsford.
However, the images of the car park that you have shown us are of a retail park in Norwich.

Where exactly did this alleged parking event take place?

sorry about that, on my phone it takes me to this. 

It’s in Norwich. 

Many thanks,

pandapop88

Boat_to_Bolivia said:

@Coupon-mad I try not to comment often...I'm on Read Only mode because I'm still learning and don't want to give wrong advice, but on this occasion, I have to express my appreciation for you helping the OP over and above the norm. Thanks.

I am very grateful 🙌🏼

Coupon-mad

Have you searched the forum for:

parking Riverside Norwich?

pandapop88

Coupon-mad said:

Yes - set out the various  possibilities and you can use my words.

Put them to strict proof.

It is their burden to prove and if it was your ex-partner driving, then as a matter of fact and law, you are not liable because Highview choose never to invoke 'keeper liability' which requires a warning set out in paragraph 9 of Schedule 4 of the POFA 2012. That keeper warning (set out as mandatory in para 9(2)f) is not in this Notice to Keeper (this Claimant never invokes keeper liability).

You can copy that from another Highview WS already written and you need the same exhibits as I suggested to this person:

https://forums.moneysavingexpert.com/discussion/comment/79505749#Comment_79505749

Read their WS and their outcome in the end! 

Thank you so much and a promising outcome, seems to be the way for DCB Legal, however, I don't want to get my hopes up!

KeithP said:

In your post Today at 5:31PM you give us a link to google maps.
That link takes us to Riverside Retail Park in Chelmsford.
However, the images of the car park that you have shown us are of a retail park in Norwich.

Where exactly did this alleged parking event take place?

Re-reading your opening post it looks like Norwich is the place.

The totem sign at the entrance to that Norwich retail park looks like this...

[click on the image to go to GSV]

Are you local? What does the sign at the bottom say?
Usually it will be contact details for the shopping centre management who should be able to cancel parking tickets for genuine shoppers.

However, as your case has reached court, that won't be of much use to you now but do keep that in mind for the future - and of course it may be useful for others who come along later.

This is the place. Thank you, I will keep it in mind for the future. Coupon-mad said:

Have you searched the forum for:

parking Riverside Norwich?

I will now have a look, thank you!

pandapop88

Thank you so much everyone for your help. Received this today. Is it over?! Do I need to do anything?  

Boat_to_Bolivia

Congratulations.. You win.