Dcbl highview ltd county court

[ostell]

So when you moved house did you update the V5 document for your car? What is the date on the V5?

[MissyD]

Yes I did which is how drp got in touch at new address. It would have been as soon as we moved into the new place. I have to see if I have that v5 document.

[ostell]

They are not allowed to ask twice for the keeper details.

[MissyD]

ostell thank you. I’m sorry I’m not sure I understand what you mean by asking for it twice? Do you mean they asked dvla for it and allegedly sent the pcn to my previous address which I never received but the first communication was from drp which was at new address so they asked for it twice?

[ostell]

No they found your address by other means.

If in doubt request detail of who requested your details and when SubjectAccess.Requests@dvla.gov.uk

[MissyD]

Oh I understand now. Thanks I will email dvla as suggested.

[MissyD]

ostell dcbl are not forthcoming with their information to create a defence only a response saying will follow in due course at hearing. They have not provided the pcn just contract and photographic images. Please could you advise on defence to be written up based on non information? Thank you

[ostell]

Send the second part of the template. It looks as though they have issued the claim without have the documents in front of them.

[MissyD]

ostell i think so too. Highview haven’t responded either.

sorry could you advise me which template please?

[MissyD]

ostell Good morning, I’m not sure what is the second part of the defence is please could you advise? Thanks

[ostell]

I said second part of the template., the CPR 31.14 one.

[MissyD]

ostell

I have written the following defence, your comments or that of others would be appreciated please. Thank you.
Do I include correspondence from previous debt agency as they weren’t forthcoming with the information?

1. The Defendant received the claim Xxxx from the Northampton County Court on xx 2021.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess the position with regards to the claim as the original PCN was never received.
4. On the xxdatexx and xxdatexx the Defendant requested DCBL send the original PCN documentation to substantiate the charges levied.
5. On the xxdatexx the Defendant sent a SAR to Highview Parking Limited.
6. On the xxdatexx the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to DCB Legal Ltd. The Defendant requested the Claimant provide copies of the original PCN with full details and a copy of ‘The contract’ that ‘entitles the Claimant to damages’ as stated in their Particulars of Claim.
7. DCBL replied to the Defendant with photographic signs and witness statement from JLL.
8. DCB Legal Ltd. have failed to provide the original pcn nor the contract to the Defendant.
9. DCB Legal Ltd. have responded to the Defendant and advised “In due course, the Court will order that both parties file and serve all evidence they intend to rely on. We confirm you will therefore receive all relevant evidence in advance of the hearing.”
10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
11. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for the Defendant to fully plead the case else the Claim should stand struck out.
12. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend the defence and would ask that the Claimants bear the costs of the amendment.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.
14. The Defendant believes there is an inadequacy with the validity of the claim by Highview Parking as the PCN issued was on the xx. The Defendant therefore needs further specific and detailed information regarding the timings of the alleged PCN’s to support the defence.
15. Statement of Truth
16. The Defendant believes that the facts stated in this Defence are true.

[ostell]

It looks good. But I believe that the format of the statement of truth has changed

[MissyD]

ostell Thanks should I mention in the defence about the previous debt agency? As they too failed to give the information I requested.
thanks I will research the statement of truth and edit accordingly.

[ostell]

Don't bother about mentioning DRP, they are not relevant now