Highview/DCB(L) ANPR PCN Claimform - Catford Island Retail Park London SE6

[fro]

@dx100uk I have now read the sticky over and over multiple times and I do not find reasons to give for NO.

sticky - 

 

I have read other threads and one user was advised to "Just say on the papers unacceptable as you wish to challenge their Claim in person."

I will cast fresh eyes on it again in the morning in case I am yet again missing the glaring obvious.

I appreciate all your help in this fight

[dx100uk]

you need to read all that posts in the link......

[FTMDave]

Any update here fro?

[fro]

Hi Dave, the case has been Transfer to my local county court.

I got a Notice of Transfer of Proceedings dated before Christmas but reached me in the new year.

I am waiting for the local court to write to me now.

[AndyOrch]

Notice of Allocation N157 will be your next task.

 

Andy

[FTMDave]

Thanks fro.

I asked as there are other Caggers in the same position so it is useful to know what stage you're at.

[dx100uk]

i wonder what happened?
dx

 

[fro]

Hello,

I am still waiting for the court to write to me or schedule a date. 

Nothing as yet

fro

[AndyOrch]

Have you received your Notice of Allocation N157 ?

[fro]

No - that's what I am waiting for,  I received a Notice of transfer of proceedings, within that it says "Details of the judge's direction will be sent to you in a notice of allocation"

[AndyOrch]

Contact your local County Court 3 months is not normal.

[fro]

should I?  - I figured maybe back log. 

I will give them a call then - it's almost 4 months tbf

[anotheruser0000]

That is different to my PCN issued by Highview.

I am not by any means an expert so I would leave it to the experts to check what I say and maybe delete this if it is not helpful.

My thoughts on this are

In the PoC they state you are liable as Driver or Keeper.

Firstly, I would challenge that .... are they pursuing you as Driver or as Keeper?

They don't know who the driver is, as stated on the NTK and, they don't know if you didn't tell them, so I would think that they can not pursue you as the driver.

The NTK is not fully compliant with POFA 2012 as LFI stated but specifically, and correct me if I am wrong, Section 9 [2][f] states that:

 

Section 9

(2) The notice MUST—

(f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

All the applicable conditions under this Schedule (Schedule 4) are NOT met, specifically warning the keeper as in (f) ....

As far as I can see, the creditor has NOT warned the keeper on the NTK, as they MUST do in accordance with S9 [2](f).

So, as far as I can see that prohibits them from having the right to recover from the keeper.

 

I put it to you M'Lord, given the facts stated, the creditor does not have grounds to pursue the Driver, nor the Keeper!!

Maybe that's why you've not heard from the courts, what does it say on MCOL ?

Edited April 22 by anotheruser0000

[jk2054]

On 20/04/2024 at 07:22, fro said:

should I?  - I figured maybe back log. 

I will give them a call then - it's almost 4 months tbf

We saw a case not too long ago that was 4 months too.

What is your CC please?

If its a big one or a very understaffed one it is normal

[fro]

my CC is Dartford county, nothing new on MCOL

Your claim was transferred to DARTFORD on 21/12/2023

Edited April 22 by fro
more info

[AndyOrch]

On 22/04/2024 at 13:05, fro said:

Your claim was transferred to DARTFORD on 21/12/2023

Not normal over 4 months

[jk2054]

https://www.lawgazette.co.uk/news/civil-court-delays-the-worst-on-record/5116199.article

This was in 2023 but dartford is worse by a mile by the looks of things

 

[email protected]

You can try emailing this email but it sounds like its just in a backlog

Edited April 24 by jk2054

[fro]

according to that article - almost 2.5 years wait. I decided to call them but enquires are not being dealt with on the number listed, but now on this number 03001235577.(Call centre)

let me spill before i forget.

The call centre agent said the case is missing the directions questionnaire from High View Parking

He said a letter was sent from Dartford CC on the 1st of March to County court business centre - and conclusion is that the Directions questionnaire is missing\misplaced.

He says what Dartford CC will now have to do is write to High View to resend their directions questionnaire.

Once received then the case can proceed he says.

[AndyOrch]

5 hours ago, fro said:

 

let me spill before i forget.

The call centre agent said the case is missing the directions questionnaire from High View Parking

As stated not normal