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    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
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    • More from the Second Sight guys in the Law Gazette. Post Office Inquiry: Second Sight accountant accuses lawyer of conspiring to pervert course of justice | Law Gazette WWW.LAWGAZETTE.CO.UK Second Sight accountant found compelling evidence in two cases that evidence was withheld, public inquiry is told.  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.


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Hi Dave,

I must admit I didn't end up sending a letter to the retail park but that's OK, I'm not bothered about getting it cancelled,

I really don't mind my day in court, I've been busy reading up on various acts and other sources, some fascinating stuff,

I'm not going to mention anything here at the moment in case they have spies but I think they may be doing something that doesn't comply with the relevant laws and/or guidelines at Riverside,

I don't want to give them any ammo or chance to rectify their mistakes.

I must also say that after spending time reading here I have great admiration for all the forum helpers who help everyone with their incredible knowledge on these legal matters.

Thank you to all of you.

I will post up my redacted Claim Form shortly.

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too late now to bother hiding stuff and it doesnt matter if they read here at all. cant hurt you.

please dont play secret squirrel

it always ends up in tears as OP's rely on stuff that has little or no real bearing to the judge.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

thread title updated

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes please complete the sticky Q&A so we dont have to keep opening a PDF to find answers to important questions CAG members need to guide you.

keeping things on thread might stop you having to bother researching as its all been done before 100's of times here.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ah OK, I will work through it and get it posted up shortly.

I read somewhere else that these PPC's can get things done retrospectively and manage to thwart a defense by doing so, that was all.

 

Cheers.

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nope. shows where you've been reading up then...though so:eyebrows:

cag does not recommend filling any defence that plays any of your cards

thats not till WS stage if it ever goes that far.

when you've done the sticky, scroll down on it further and you'll see the defence section.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, I read that, that's what prompted me to think of not mentioning it here yet.

This is what I was referring to earlier, seems credible, if anyone was interested: (although I don't want to stray of topic :) )

At the final hearing in 2016 at the Bolton County Court we relied, you might think unwisely, on a defence that the signage was illegal. 

ParkingEye’s Claims Handler, David Greenbank, although not attending the hearing, had submitted a Skeleton Argument containing a claim that they had been granted planning permission for the signs retrospectively.

The judge found in favour of ParkingEye and anyway we had run out of time and he was anxious to move on to the next case (back-to-back parking cases). 

We had evidence to prove our case, but weren’t allowed to present it.

 

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Well done for boning up on Schedule 4 .

I expect you understand the point I was making about not inviting the keeper to pay the charge.

At the start of Section 9 the wording includes the word "must" which is a very important word legally.

It means that Highview have to include all the requirements stated in that section or subsection. If it's missed out the PCN does not comply with the Act and the keeper cannot be held liable to pay.

You have to make allowances for them .

The Act has only been in force since 2012 so it will take them a few more years yet before they get it right.

But it does emphasise the comprehension level of who you are dealing with.

Their solicitors are a tad below that level so most of your snotty letter will doubtless go over their heads.

But the Judge will appreciate the humour. if it gets that far. Probably the irony too of the solicitor getting some legal information that they are unaware of.

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Posted (edited)

Which Court have you received the claim from ? CIVIL NATIONAL BUSINESS CENTRE

Name of the Claimant ?  HIGHVIEW PARKING LIMITED

How many defendant's Joint or Self? SELF

Date of issue –  11 APR 2024

 

Particulars of Claim
 

  1. The Defendant (D) is indebted to the Claimant (C) for a parking charge(s) issued to vehicle xxxx xxx at Riverside Retail Park A.

  2. The PCN(S) were issued on 08/08/2023

  3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle Remained On Private Property in Breach Of The Prominently displayed Terms And Conditions.

  4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

    AND THE CLAIMANT CLAIMS

  1. £140 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 £.02 until judgement or sooner payment.

  3. Costs and court fees

What is the total value of the claim?  £231.51

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Letter of Claim dated 12 Feb 2024

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  NO

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

Lol!

Yes, lookinforinfo,  I picked up on the word "Must" ....

As you say, they have not done what they legally "Must" do :)

I'm going to buy the Dummies Guide to Law and see if DCB(L) will give me a job :)

I'm also looking forward to CPR 27.1(1)(b)   :)

Edited by anotheruser0000
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Posted (edited)

I wouldn't bother reading the Dummies book you are already overqualified to work there. And you have now gone over their heads again quoting CPR. As far as they know that is to do with resuscitation.

They  still don't know that the PCN is non compliant!!

Edited by lookinforinfo
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Posted (edited)

yes he is.

You want to get that done as quick as possible so in any case their deadline to respond is before your defence filing deadline

Edited by jk2054

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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12 minutes ago, anotheruser0000 said:

CPR 27.1(1)(b)

:???:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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CPR 31.14 drafted,

a question though, why is there a copyright? symbol next to CPR 31.15?

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

Also, can I add ANPR CCTV cameras to point 2. T&C Planning 2007 or will etc suffice?

I have decided that I'm also going to make a complaint to the Land Owner,

thanks  lookinforinfo for land owner details.

 

.

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typo just remove it

dont expect them to comply and dont wait for them to do so.

file our bland defence on time on mcol regardless

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OK, thanks, I won't wait for them.

On a side note, some of the posts on here are a bit frustrating, I read through five pages or so of someone going through the court process rooting for them as I'm reading, then nothing, not heard of again.

Left here wondering what the outcome was, lol!

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yep sadly thats how people treat us after giving free advise...

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through.

Although you never know the reason so all I can say is I hope the OP is alive and well regardless.

I'd relish the chance to do them for that if they breached my GDPR.

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Hi All,

I know we are supposed to file the standard defence but I was thinking of adding the following to see if it would deter DCBL from continuing as this point I believe is irrefutable?

7. In any case, the alleged period of overstay falls within the consideration and grace periods outlined in government legislation and the governing body code of practice and therefore cannot be considered to be in breach of any terms and conditions set forth by the claimant.

What do you think?

 

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