Dcbl highview ltd county court

[MissyD]

Ok thank you

[MissyD]

ostell hope you are well. I finally got a reply from dvla. They sent a document and highview never requested my details from them but a company on behalf of highview requested it 5 months after the alleged parking incident. Am I correct in saying that they didn’t send out the pcn as they wouldn’t have had my address?
I also received correspondence advising that county court received my defence and a copy is served to the claimant. They mentioned that the claimant may contact to attempt to resolve the issue and if not able to resolve the claimant will inform court how they wish to proceed. They have 28 days to respond. I would be grateful if I could get some help on the next stage please?

[ostell]

You will have to work into your witness statement the fact that the DVLA have confirmed that Highview never requested the keeper details from the DVLA and therefore there can be no keeper liability as the failed POFA 11.

[MissyD]

ostellThank you. So the witness statement is that same as my defence or a separate witness statement from me?

[ostell]

No, your witness statement is a tale of what has happened from your point of view. It is the chance to introduce exhibits. You are not supposed to add defence points but if you do it subtly as a litigant in person and small claims track then there may not be objections

[MissyD]

ostell Thanksfor clarifying. Just reading through on Pofa to try and understand it and also some of the areas on this forum.

[MissyD]

ostell have reviewed some examples of witness statement / evidence and I can see something on Costa schedule what does that entail? Is it linked to the counter claim in any way?

[MissyD]

ostell I received a questionnaire which was filled out by dcbl an N180 form. I’d imagine I get one too?

I am struggling with understanding pofa and implementing it into my WS.

would you be able to review and add comments please?

Upon investigation since receiving the county court claim, POFA 2012 stipulates that notice to keeper must be sent within a certain time frame depending on the type of charge being issued. It seems to be that the parking area is operated not by parking ticket machine but by APNR. If this is the case, then I would have expected to receive the parking charge notice 14 days after the alleged incident being xxxxx date.

Upon requesting SARS from DVLA, a response was submitted by email to the Defendant (refer to E2) and I would like to draw your attention to the date the first time notice to keeper was obtained from DVLA on behalf of Highview ltd was on 18th January 2018 which is 15x days from 20th August 2017 when the alleged intervention occurred. This clearly indicates that Highview Ltd did not follow POFA guidelines to ensure that the notice to keeper was submitted in the time frame required by law let alone send a notice.

once I get the whole WS done I will post on here. I have also talked about the signage which isn’t great.

I also went on another forum and a guy called Adam buzz said you got to really understand pofa is that correct?

thank you

[ostell]

It helps to understand POFA if you are relying on this. If the keeper has been identified then POFA no longer applies.

To be able to hold the keeper liable they have to comply with POFA. POFA is not guidelines, it is law.

You should get your own copy of the Directions Questionnaire. If not download a copy and send to the court AND the solicitor.

As it is ANPR then the NTK has to be RECEIVED within 14 of the parking event. It is assumed delivered 2 WORKING days after being sent. Look at the sending date and event date on the NTK. If you haven't mentioned late in your defence then mention in your WS that you received the NTK on day xxxx, more then 14 days after the event. Add a line about the DVLA response showing request on xxxx, xx days after event. Talk about it at the hearing.


if it hasn't been given before here's POFA: https://www.legislation.gov.uk/
As this is ANPR then the main section is 9

[MissyD]

ostell thank you. I will read pofa legislation again. They never issued me the ntk. The first letter received were from drp and dvla also confirmed information requested was 152 days later after the alleged contravention. Their photo of the parking signs say they may contact dvla ntk

[MissyD]

ostell my claim has been passed to local court. I’m waiting for a date. Have been reading and it says it can take about 6 months. How much notice must the court give me to have a hearing please? Will they ask for a witness statement before the hearing?

[ostell]

They will give you a date to provide your witness statement, normally 14 days before the hearing date.

if they couldn't send a NTK within 14 days then there can be no keeper liability

[MissyD]

ostellThanks I have been compiling my witness statement and have referred to pofa as you have said section 9. And I never received the original pcn and as you have said if they are relying on ntk they didn’t send it in 14 days evidence with Sars information received. Will be using photos of their signage too. I will upload once I complete it all for advice.