Court case vs highview/dcbl

[Atkoo007]

Hello , I am in a fight over two parking tickets from a car fiver years ago that my wife was the registered keeper, it’s with highview and dcbl , through family complications, covid and such , they have forced a ccj and dcbl now claim two £40 tickets are 2k but I have got this into court for a hearing , with other points for our defence , I am looking at one in particular and that is evidence ie threads / screen shots of people who never received the original pcn or tickets in the first few years from highview , as their seems to be a pattern from 2015 onwards , people claim they never received any correspondence , until dcbl take charge and you only have maybe 12 months til court, this by passing the appeal system, so if anyone here can help with evidence I would be much appreciated, most of my evidence on this subject is of Martin Lewis money site, screen shots of complaints against highview and dcbl .

[echat11]

Hi ATK

ostell Can you please take a look and advise, many thanks.

[Atkoo007]

Any help ?

[ostell]

What stage are you actually at?

If you don't have the initial PCNs then CPR 31.14 request to DCBL for the PCN and copies of the signs that allegedly created the contract

SAR to Highview

[Atkoo007]

I have to submit defence by December 21st to court , live court in January, I have all original paperwork now from dcb legal so can see first ticket is dated 04/08/2016 but states date posted/active is 30/08/2016 so I think that’s invalid due to pofa , they cant use keeper liability ?

[ostell]

They have failed POFA on that one, unless the driver has been identified.

Why not post up the original PCNs, suitably ly redacted but leave dates.

After this time you can't be expected to remember who was driving on that uneventful day.

Search for the Excel v Wilkinson case concerning a use of process for the additional amounts and include in your defence

https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

[Atkoo007]

How do I upload pic as it states to big ?

[Atkoo007]

[ostell]

You state that you have never received any Notice to Keeper and require proof that the PCN was actually put in the postal system.

Using the document supplied by DCBL, which purports to be a copy of the original that you did not receive then they have failed to deliver the notice within the relevant period of 14 days as required by 9 (4) of POFA. They have also failed to give the invitation to keeper to pay in the format required by 9 (2) (e) and have failed to give notice of keeper liability required by 9 (2) (f). There can therefore be no keeper liability. The defendant has no recollection of who was driving on that particular uneventful day and if they are claiming against the driver the claimant is required to show that the defendant was the driver at the time.

That's one done, now for the other.

USE imgur to host your pictures and put the link on here.

[Atkoo007]

Thank you so much , here’s second one , I don’t actually have any defence on this at all ba it was so long how can anyone remember who was driving

[ostell]

As before It fails POFA 9 (2) (e) and 9 (2) (f) and therefore no keeper liability

[Atkoo007]

Ok amazing , thank you ever so much for your help , il message on this thread what happens next ie my reason for lateness , one more question just re examining dcbl paper work they state I should of made an application CPR 3.9 , redbourne Groupie v fair gate ?

[Atkoo007]

Hello , sorry to be a pain in the backside but reading up on pofa how does 9(2) e and 9(2)f not apply in the letter ? As I read it they do notify these two rules

[ostell]

The wording required by POFA is not there..

Where is the warning that the keeper is liable

Where is the invitation to keeper to either pay or name the driver

[Atkoo007]

Ok thank you , never done this before so just crossing my t’s , would it be possible to send you a snippet of my defence / what I’m going for , just to see if it makes sense to someone in the know ?