County Court Claim - Highview Parking / DCB Legal

Coupon-mad

They won't get interest at 8% and they won't get the added fake £70 DRA 'fee' either, even if you lost.  Which only about 1% of people here do.

Use the Template Defence.

vwpbbb

IN THE COUNTY COURT

Claim No.:  

Between

Highview Parking Limited

(Claimant)

- and -

(Defendant)

_________________

DEFENCE

 

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 and driver of the vehicle in question, but the liability is denied.

3. The Defendant entered the Westway Cross Shopping Park on 17/12/2016 at 13:53 to do Christmas shopping. It was a busy day around Christmas time. The Defendant could not find any empty parking spaces in this parking area managed by Highview Parking. The Defendant then entered to the other parking area at the right-hand side of McDonalds through the side entrance and parked there. This parking area had signs stating this site is managed by Capita Symonds and the signs only stated ‘The landlord accepts no liability for loss or damage to vehicles or contents within this car park. Vehicles parked at owners risk.’ There was no mention of any restrictions in terms of parking. At around 17:30, the Defendant went to put shopping bags in the car and then moved the car through the same side entrance to the parking area managed by Highview Parking as now some empty parking spaces were available. The Defendant after doing shopping left the car park at 20:18. The Defendant parked in the Highview Parking area from 17:30 to 20:18 which is only 2 hours 48 minutes which does not exceed 4 hours parking limit as stated in the parking signs.   

Hi I have prepared above defence statement. I have only copied the points 1 to 3. I understand that I have to copy the points 4 to 27 and then statement of truth.  I will appreciate if you can please provide your valuable feedback. I am not sure if I need to mention anything further such as why Highview Parking ANPR camera did not pick up my movement when I moved my car in between the two car park. Thank you.  

Coupon-mad

Looks fine. The rest can wait for witness statement stage.

Sebi_895

@ vwpbbb well done for getting the Defence sorted swiftly. 
Did you do the AOS?

vwpbbb

@Sebi_895 I will do the AOS this week. Thank you for reminder.

vwpbbb

I have submitted the AOS yesterday. Now I need to send the SAR request to the email dpo@groupnexus.co.uk.

I am going to email them as below with redacted utility bill and the Parking Charge notice. Your valuable feedback for the below email is much appreciated. Thank you. Have a lovely day.

My address

my phone number

 

14th September 2022

 

Data Protection Officer

GroupNexus

Jack Straws Castle

North End Way

London, NW3 7ES

Dear Sir or Madam

 

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

 

My name - current address

Previous address Charge notice issued

Please supply the data about me that I am entitled to under data protection law relating to myself. Please provide

- All photos taken,

- all letters/emails sent and received, including any appeal correspondence earlier

- all data held, all evidence, and a full copy of the PCN, NTK

Back in Feb 2017, Highview Parking provided Case details for Popla Appeal, however, in the case details they only provided the entry (in) and exit (out) event date time captured by your ANPR camera situated at the main entrance (see attached images X 3 pages), hence, can you please also provide the entry and exit (movement of vehicle) event time details captured by your ANPR camera situated at the side entrance (from where vehicle enter and exit the separate car part managed by Capita Symonds). This ANPR camera should have picked up my vehicle moving from Highview Parking Car park to Capita Symonds car park.          

I attach copy of my recent utility bill and also the copy of the Charge Notice. Please note that the vehicle in the Charge Notice no longer belongs to me as its already sold back in 2017 (see attached Car Sold Notification).

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

 

Yours faithfully

My name

KeithP

I would remove this sentence...

If you need any more data from me to confirm my identity please let me know as soon as possible.

You don't need to give them any excuse to delay things.

vwpbbb

Thank you @KeithP . SAR request sent by email. I will submit Defence Statement in the next few days.

vwpbbb

Just to update that I have today emailed the Defence Statement to CCBCAQ@Justice.gov.uk with CC to info@dcblegal.co.uk. I have also received an acknowledgement email from CCBC AQ.

Umkomaas

vwpbbb said:

Just to update that I have today emailed the Defence Statement to CCBCAQ@Justice.gov.uk with CC to info@dcblegal.co.uk. I have also received an acknowledgement email from CCBC AQ.

Good. Moving forward slowly towards them discontinuing!