Advice re PCN - County Court Claim Form & Defence Stage

Coupon-mad

"The defendant had failed."

Absolutely not.  Nonono!

Why not just copy another Highview defence?

No-one admits to driving at this stage unless you already have, not in a Highview defence.

Your draft reads as a witness statement, blaming yourself for not updating your logbook (irrelevant to a defence) and telling everyone who was driving and the story of what happened.  Not what you see in other Highview defences!

Dodgyvan1

OK

Got it 

Listen to the experts, not your panicking wiife.

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

The facts as known to the Defendant:

2. 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 is unable to recall who was driving on that unremarkable day over 5 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, the 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 over £300

Coupon-mad

Yep!

You could add this, if you and your wife both drive:

5.  It is not certain which driver in the family was driving that day for what appears to be a normal shopping trip, and no evidence of any breach of terms has ever been supplied. The Defendant had recently moved house and the Claimants had been writing to the old address.   The Defendant first heard about the Parking Charge Notice (PCN) when they received a letter from an unregulated and notorious 'PCN Debt Recovery' firm, months after the purported parking event.  An appeal was sent to the Claimant but they refused to engage in any correspondence with the Defendant.  Contrary to the industry best practice identified and set out by the Government in the 2022 incoming statutory Code of Practice, the Claimant did not reissue the PCN, despite knowing it had not been served. Nor did they offer an appeal/POPLA code, despite knowing the Defendant had had no opportunity to engage, find out about the incident and images or review any evidence to narrow the issues.

Dodgyvan1

That is wonderful, thank you.

Dodgyvan1

Wishing you all a Very Happy & Healthy 2023

Had confirmation just before christmas that Highview have withdrawn their claim.

A big thank you to everyone who contributes to this forum, especially those hardcore regulars, you're truly wonderful.

Mouse007

Dodgyvan1 said:

OK

Got it 

Listen to the experts, not your panicking wiife.

Love that bit and well done, it worked

Coupon-mad

Dodgyvan1 said:

Wishing you all a Very Happy & Healthy 2023

Had confirmation just before christmas that Highview have withdrawn their claim.

A big thank you to everyone who contributes to this forum, especially those hardcore regulars, you're truly wonderful.

Woohoo!  I assume this was a DCB Legal claim?

ANOTHER DISCONTINUANCE!

Calling @Umkomaas 

ANOTHER GROUP NEXUS ONE BITES THE DUST!

And we sincerely hope that you and your wife are au fait with the need to respond to the final Government Public Consultation? Coming soon.

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 gaslighting of people.

If PPCs manage to turn around the decision on banning the gaslighting / claim-funding 'fees' then the DLUHC will be rubber-stamping £200 parking charges and if that happens, they (Government) and the PPCs will wreck high streets and people's lives.  Whoever is responsible, if that happens (and it very nearly did in 2021) must hang their heads in shame.

Just checking you are among those ready to respond to the questions as you have personal experience of how this crap feels?

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

Get your real revenge for this harassment by bullyboys, and join us when the Consultation opens.

Umkomaas

Woohoo!  I assume this was a DCB Legal claim?

ANOTHER DISCONTINUANCE!

Calling @Umkomaas **

We'll take that and place the link to this in the DCB Legal's discontinuation thread of shame. First one of 2023. 

** I don't always get notifications when my username is tagged, this being one of them. Just picked it up through general reading of threads. Another forum glitch I suspect. 🙄