Highview PCN Claimform - DCB Legal Bradfield Road Car Park Hillsborough, Sheffield S6 2BW

[Buggy1234]

Which Court have you received the claim from ? MCOL Northampton N1

 

Name of the Claimant : Highview Parking

 

Claimants Solicitors: DCB Legal

 

Date of issue – 16 Feb 2022

 

Date for AOS - 6 March 2022

 

Date to submit Defence - 20 March 2022 (so 18 March which is the Friday)

 

What is the claim for – 

 

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle X at Bradfield Road Car Park S6 2bw

 

2. The PCN details are 13/05/2017 X

 

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 PCN(s) is outstanding. The Contract entitles C to
damages.

 

What is the value of the claim? 

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 £206.33

court fees £35.00

legal rep fees £50.00

Total Amount £291.33

 

......................

 

Hello All,

 

I've just received the below today - never had any correspondence regarding this before. Plus I haven't owned the vehicle since 2018 and also moved house in 2018. The person who bought our house has been passing post on and nothing there either.

 

I did some reading on here and have posted below as asked - I've also completed the AoS today so now I need to complete my defence. I've seen the generic defence on many of these posts so will edit that and file that - should I do that now or wait it out?

 

I'm also going to send a CPR to both Highview and DCB Legal as well as emailing the planning dept at Sheffield Council on whether they have planning permission to erect ANPR cameras etc.

 

Is there anything else I should be doing?

 

Many thanks for any advice.

Claim Form.pdf

[dx100uk]

Dont file defence early no

Cpr to sols only

 

Check the council's planning portal of their website

Signs and poles too!!

 

 

[Buggy1234]

Thank you so much

Edited March 1 by Buggy1234
unnecessary previous post quote removed

[Buggy1234]

I’ve checked the local authorities planning permission for the site and there’s nothing in terms of ANPRs, poles or signs.

 

Just a refused 20 foot 3G telephone mast  and a withdrawn application for a small built annex. 

[lookinforinfo]

Well done for reading up on our system first.

 

It is possible that though you notified DVLA when you moved you mighht not have asked them to also amend the address for your car at the same time.

 

If this is the first time you have received any correspondence from Highview let alone DCBL it may be the time to write to Highview. 

 

There is a new Code of Practice which is coming in to force some months into the future. One of the changes will be that where you have not received the early communications from the parking crooks, you are entitled not only to see the original documentation but to have yourself placed as if you had only just received their first PCN.

 

8.3 [c]

c) requires the parking operator to consider appeals received outside of the normal 28-day period allowed for lodging an appeal where the appellant provides evidence of exceptional circumstances for the appeal not being lodged within the normal timeframes – where the addressee only discovers and can show that a notice of parking charge has been issued in their name after the 28-day period the period must restart and any enforcement, including court action, must be paused;

 

You should appeal on that basis, that this is the first you have heard of the parking charge which they will know because they have used a different address from the PCN stage. Taking  care to always refer to yourself as the keeper and not use  "I did" for example thus possibly indicating that you were the driver. 

 

This will require a certain amount of politeness on your part since they are not obliged to do this as yet. But point out that the new CoP is designed to root out the rogue elements in the car parking industry and you are sure that Highview would not wish to be included in this category. {No sniggering at the back].

 

You can read the new CoP here

Private Parking Code of Practice - GOV.UK

WWW.GOV.UK

and you may notice that their overcharging [£155] will be a thing of the past but do not include that in your appeal.

You could post up  your appeal so we can see if it has  revealed who was driving. If this does eventually end up in Court and Highview have not complied with the Protection of Freedoms Act 2012 then they cannot hold the keeper responsible for the non payment by the driver. And they cannot assume that the driver is the keeper so they have their work cut out.

[dx100uk]

so did you update V5C when you moved?

 

dx

 

[Buggy1234]

Thank you for this advice. I’ll draft something tonight hopefully if I have a spare 30 mins and post here first.

 

My husband has kindly pointed out we moved in Dec 2017 and we changed car Sep 2018. 
 

So DVLA and log book will have been done too. 
 

 

[dx100uk]

removed you last sentence in above post

you dont want them knowing that by reading here...think about it!!

 

dx

 

[Buggy1234]

Today I have received a notice of proposed allocation to the small claims track. 
 

I’ve had a read on what to do and will get it sent out asap.

 

I’ve not had a response to CPR request either from the solicitors. So I still have no idea what the parking charge relates to as it’s a car park I use frequently and also services a restaurant which I eat at etc.
 

I'm just getting frustrated as you don’t hear anything for a while and then they send another letter. Dreading what’s to come and my anxiety is getting the better of me.

 

I'm just very grateful for all the fab advice on here! 

[honeybee13]

You'll be OK, Buggy.   It's not unusual to have no reply to the CPR but you should get information at the discovery stage.

 

HB

[dx100uk]

What defence did you file please?

 

And this is an n157? Or just allocation to your local court awaiting time/date of hearing from them yet?

 

 

[Andyorch]

Quote

Notice of proposed allocation to the small claims track

 

Directions Q N180

 

 

[Buggy1234]

I used the generic defence and edited to include my details.

 

Defence

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The
Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a
specific response has not been made.

1. The Defendant was the recorded keeper of Xxx.

2. It is denied that the Defendant entered into a contract with the Claimant.

3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not
capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by
the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim.

4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer.

6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any
relief at all.

 

And yes, that’s correct. It’s the directions q.

 

I received a letter from the court to acknowledge receipt of my defence and it said the claimant had 28 days.

28 days went by and I heard nothing else.

 

2 weeks ago I got dcbl directions q and their offer of mediation which I ignored and then today I’ve received the directions q from the court which I’ve checked is legit on mcol.

 

Should I be doing a SAR to highfield now so I can at least start preparing a WS? I have no idea if their NTK was done in time or if it was compliant as I never received one. I want to make sure my WS is solid!

[dx100uk]

you could SAR but i'd be inclined to await their WS as they will HAVE to disclose all docs then.

however the SAR is free so why not send highview one.

dx

 

[FTMDave]

I was going to suggest a SAR too.

 

Yes, they will have to disclose their evidence in their WS, but that is around the time you'll need to write your own WS too, which would be cutting it fine. 

 

Stick in a Council Tax bill or similar as proof of I.D. otherwise the fleecers will use lack of I.D. as an excuse to delay.

[lookinforinfo]

Could you please post up your PCN that you should have received about 14 days around the time you allegdly broke their rules-and do you know what you did wrong in their eyes.