Highview/DCB(L) 2017 PCN PAPLOC Now claimform - 1-3 Upper Green East. ***Claim Discontinued***

[dx100uk]

Thank you

 

Stop believing old wives tales!

 

It cant hurt you

[hitman126]

So I submitted a CPR 31.14 and SAR requests to DCB Legal and Highview Parking respectively 
and have now received the below responses from them.

 

On their part, DCB Legal replied that as a claim has been issued, they are not obliged to 
provide evidence at this stage unless ordered to do so by the Court.

 

Highview Parking on the other hand have requested I complete a return a form they've sent 
me, as they are required under GDPR to validate my identity prior to releasing personal data.

 

Looking further, I am now rather keen to begin putting together a defence statement and would
be extremely grateful for any assistance or advice towards that.

[dx100uk]

none of that matters so ignore ...

its not for you to chase relevant documents but for them to provide them as exhibits in their WS.

you didn't need to sar anyone. not your problem but its upto you

have you moved since you got the original speculative invoice?

 

as for your defence

it will be our std generic 3 - 5 line defence in just about every PCN claimform thread here already

post it up here 1st mind

must be filed via MCOL by 4pm 1st feb.

 

[hitman126]

I finally managed to put together a draft of my 3 page defence statement (attached).

 

Would appreciate a review and feedback on the arguments put across in my statement

by my fellow Caggers please.

 

Thanks folks.

defence-statement.pdf

[dx100uk]

so you didn't read what i posted then....

[hitman126]

So here are the latest updates to my case:

[DCB Legal]
On the 2nd of this month, I received an email from DCB Legal (with a completed N180 Directions Questionnaire attached) informing me that having reviewed the content of my defence, their client had confirmed their intention to proceed with the claim against me. The next paragraph of the email then informed me that the Court would direct both parties to file directions questionnaires in due course and in anticipation of that, a copy of the client's completed questionnaire was attached. 

They then went on to add that without prejudice to any of the above and in order to assist the Court in achieving its overriding objective, their client may be prepared to consider a mutual settlement of the case and should I wish to discuss this further, contact them on a given phone number.

[County Court Business Centre]
A few days after the DCB Legal email, I received a letter from the Northampton CCBC dated 5 March 2021, titled "Notice of Proposed Allocation to the Small Claims Track". The letter instructs me to complete the Small Claims Directions Questionnaire (N180) and file it with the court office by 22 March 2021, also serving copies on all other parties. Also attached to the letter is an HM Courts and Tribunals Service form inviting me to consider an out-of-court mediation.

[What Next?]
Would greatly appreciate advice on how best to proceed next, following the above updates.

[dx100uk]

simply follow the N180 advice already here on just about every PCN Claimform thread

 

in between stages you should be reading up and self helping so you know whats next and what to do when it happens.

 

3 copies

1 wit you

NO to mediation 

the rest is obvious

 

1 to the court 

1 to DCB(L) (omit email/sig/phone)

1 for your file

 

 

[dx100uk]

shame you filed that 3 part harmony defence

 

most of that is for your WS else you'll have no surprises for them and they already know what cards you are going to play and can fake paperwork to counter it.

 

send them one more email, stating that email is to no longer be used for any comms regarding the case.

else they file things 1 min before a deadline by email removing your chance to counter their fake paperwork.

 

do that now.

 

dx

 

[lookinforinfo]

Have you received a response to your CPR and SAR as well as their WS? Please post up what you have including the Notice to keeper, and Driver if you received one. 

 

I see in your defence that you said that they had failed to comply with keeper liability. How do you know that unless you have kept the NTK from 4 years ago. If it was a shot in the dark and totally wong, no wonder they are taking you to Court.

 

That defence of yours was more like a WS and they may be deluded into thinking that you are a total novice. And while you have made mistakes along the way they are not as yet, fatal. You can still win in Court but you can no longer play secret squirrel. 

 

You have to show us what you have, not letter from debt collectors but PCNs and their WS as well as the documents they sent in response to your CPR and sar.  Their contract with land owners and photos of the car park signage. 

 

Now is not the time to do a disappearing act. there is a difference between winning and losing which could amount to £200 0r so if your WS is not strong enough.

 

There is no point of us being here to help for nothing, and not utilising that help. We do have a great deal of success getting people off against these crooks but so far withyou we have nothing to go on.

 

It cannot hurt to show what they have sent you since they already know what they have sent you. And if they have sent their WS to Court they cannot change it or now without spending more money which makes the whole point of going to Court  a waste of time and money from their perspective.

[hitman126]

@dx100ukthanks for your prompt feedback. Will send that email asap.

 

@lookinforinfoyes, I have indeed received a response to my SAR from CP Plus. DCB Legal on the other hand refused to comply with the CPR request, as per my previous update here on January 27th.

 

In response to my SAR Request (again reported here some weeks ago) CP Plus have sent across a number of documents which I'll shortly upload here, after scanning and masking out some personal details as required. Below is the complete list of the document they've sent me, each with different dates in 2014.

 

1. Charge Notice (with two grainy pictures of my vehicle) x 3.

2. Legal Action Pending (with two grainy pictures of my vehicle) x 2.

3. Charge Notice Reminder (with two grainy pictures of my vehicle) x 3.

4. Final Demand Before Legal Proceedings from Deanem Collections x 1

 

No other documents were received and definitely no NTK.

[hitman126]

Attached below are the related documents sent out to me by CP Plus, in response to my SAR Request. 

 

 pdf now attached. Thanks.

highview-parking-sars-response.pdf

[lookinforinfo]

Their PCN dated the 13th March which is effectively their Notice to Keeper does not comply with PoFA so there is no keeper liability. So if you have not given away the name of the driver you should have a stronger case. And if you hadn't made the statement that you cannot remember who was driving in your defence to them you would be in an even stronger position. If your car had more than just your name included on the insurance document of the time that would help. If it was a company car with others permitted to drive that would also help.

[hitman126]

@lookinforinfothanks for the feedback. Do you mind elaborating a bit on why that PCN you mention doesn't comply with PoFA please? Thank you.

 

On your point though regarding me giving away the name of the driver, in my defence I did initially upload on here a draft of my defence statement and kindly requested for some feedback on it from this forum before submitting it. There are obviously many on here like yourself who're clearly more knowledgeable and experienced on these issues and I for one value feedback from the likes of you and would definitely have heeded to any early feedback/advice to avoid certain wording that could potentially compromise my defence, e.g. on the driver's identity, etc.

 

It's equally disappointing when one reads certain comments/feedback on here along the lines of........you've been a member on CAG for x number of years and should be familiar with this and that process or procedure, etc.

Yes, it's acknowledged that some of us may be registered members for a considerable amount of years, but I'd also kindly urge patience and for others to also acknowledge that some of us often go years without ever visiting this website and so would not always be abreast with recent changes, discussions or material on issues around the challenging of PCNs. Unfortunately, having a hectic family, work and personal life puts paid to that full stop. You don't visit the hospital until you need urgent medical attention and many of us can often go years without the need to visit one. 

 

I will reiterate though that I am extremely grateful for all the feedback (even though often drip-fed) and all the offered advice and support here to assist me in my case. It is most appreciated and I'm very, very thankful.

Edited March 17, 2021 by hitman126

[honeybee13]

We understand that you're busy, so are most of us, but CAG is a self-help group as well.

 

It's always good to read around similar threads to understand more about the process you're going through.

 

HB

[hitman126]

@honeybee13I agree entirely with your point. I'll also say however that whenever I revisit CAG to solicit advice on any parking issue, the first thing I do is search the forum for similar cases, just to give me some initial pointers. As you'll however also acknowledge, there's often hundreds such cases to filter through (sometimes with varying degrees of advice and outcomes) and so it's perhaps best to simply start a new thread and seek the required expert advice.

[honeybee13]

Nothing wrong with starting a thread, I wasn't saying that. You can always read up in our Parking Successes forum where caggers have beaten the PPCs.

 

The point is that if this gets to a hearing, you need to be confident enough in the details to present your case and possibly disagree with Highview.

 

Here's a case from the Parking Prankster blog where a different parking company lost over PoFA. There are others there.

 

http://parking-prankster.blogspot.com/2018/03/court-report-uk-cpm-lose-on-pofa-and.html

 

HB

[hitman126]

@honeybee13thank you very much. Will certainly read through the case.

[brassnecked]

Compliance with POFA is very spedcific, and failure to do everything correctly  such as specific time limits to send stuff to keeper means PPC cannot use it to transfer liability to keeper

[hitman126]

@brassneckedthank you. Much appreciated.

[honeybee13]

Thread reopened.

 

HB

[hitman126]

after much to-ing and fro-ing, I received notification from the court a couple of days ago that my case will now be heard on May 2022, which suits me fine.

Any delay or wasting of time endured by Highview Parking is music to my ears, as it hopefully will get them to ponder and reflect whether it is worth their while having to wait an entire year for adjudication over some stupid and paltry PCN.

 

Having said that, I look forward to the hearing as I'm 200% confident of my defence and for which I owe a great deal of gratitude to everyone who chipped in here with those awesome tips and advice. The battle isn't won yet, but the 1 year delay is itself a little moral victory for me. Thanks peeps

[dx100uk]

when have you got to exchange WS's and highview pay the fee?

[hitman126]

3 minutes ago, dx100uk said:

when have you got to exchange WS's and highview pay the fee?

Exchange WS’s? 
Not sure I understand what that means. Kindly elaborate.

[dx100uk]

you have a court date, which means you and they must have sent back your N180's and have now had an N157 with a court date and allocation to your local court. in the order the judge should state WS exchange dates and a date the claimant must pat the hearing fee...

 

[hitman126]

thanks for clearing that up.

I can only assume that the details you're referring to are the paragraph worded as follows:

"Unless the claimant does by 4.00pm on the dd April 2022 pay to the court the trial fee of £25.00 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from dd April 2022 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.