Help - County Court Case - DCB + HighView

[Buckster]

Hello everyone,

Fantastic forum which has been so helpful with templates etc for a live and current parking Country Court Case via Highview parking and their legal folk DCB.

The alleged incident happened over 5yrs ago and they claim I had overstayed by a couple hours in a retail parking area out in Slough somewhere, requesting more than 300GBP in charges.

Thanks to this forum, we fully disputed the claim, requested our extension to file a defence and wrote to DCB Legal and requested the following items for evidence so we can provide our defence.


1. Copies of the Parking Charge Notice (PCN) to driver, keeper and any other correspondence from Highview Parking Limited and DCB Legal Ltd to the defendant that they intend to rely upon in court, including the Requests referenced in the Particulars of Claim

2. The Contract (Claimant signs that created the contract)

4. Definition of who is being claimed against, the driver or keeper

5. Proof of land ownership or contract between Highview Parking Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name

DCB acknowledged our letter/Email and responded with the following:
"We write following your email dated the 6th of September 2022. We note the contents within and can confirm we will now place your file on hold whilst we request the relevant documentation from our client. No further action will be taken in the meantime and a full response will be provided in due course."

We asked for further clarification on their response, asking them "Will you respond with sufficient time for us to file our defence by the date stipulated and will DCB Legal or us need to advise the court that we can't make the current deadline?"


They/DCB responded:
Please be advised, both parties must address all court documentation accordingly and within the time frame given. DCB Legal will provide all relevant evidence in due course.



My wife and I are confused on the above feedback and very concerned.

I would really appreciate some help and guidance as this is all weighing heavy on our minds (@ostell help appreciated).

Thanks,

Buckster.

[atticus]

Ask the court to stay the proceedings. Produce copies of your correspondence.

[Buckster]

atticus Thanks so much for the help above.

To all reading, I would appreciate some further expert guidance as I am sure this thread will help others.

DCB Legal have sent back some of the detail requested under my CP 31.14 and I'm hoping to get some help with my defence note.

Sharing the redacted documents via the below link. These are in response to the requested information as detailed earlier in the thread (items 1 through 5 above, on original post).

I haven't received any correspondence on this matter as it appears the original PCN and subsequent letters have been going to an address I moved from over 5 years ago, a week after the first PCN was issued. My DVLA records were updated very shortly after (checking exact dates).

The key points I have so far:

- The keeper cannot be held liable for the actions of the driver.
- After such a long time, the keeper cannot possibly remember who was driving on that uneventful day some five years ago
- As the keeper, the Defendant cannot be held liable for more that the original PCN: <put amount here> POFA 4 (5)
- The additional charges are an abuse of process, as found in the case of Excel v Wilkinson and are not recoverable

The Defendant objects to the amount of interest charged. This is due to the Claimant's unreasonable delay in bringing the claim

I've seen on previous threads, certain breaches of POFA and wondered if any are relevant here?

GroupNexus has come back with several extra hurdles to get the info requested under my SAR and there's no way that will be received in time to meet my defence deadline. Not sure how essential this is?

Thanks so much.

[Buckster]

atticus Thanks so much for the help above.

To all reading, I would appreciate some further expert guidance as I am sure this thread will help others.

DCB Legal have sent back some of the detail requested under my CP 31.14 and I'm hoping to get some help with my defence note.

Sharing the redacted documents via the below link. These are in response to the requested information as detailed earlier in the thread (items 1 through 5 above, on original post).

I haven't received any correspondence on this matter as it appears the original PCN and subsequent letters have been going to an address I moved from over 5 years ago, a week after the first PCN was issued. My DVLA records were updated very shortly after (checking exact dates).

The key points I have so far:

- The keeper cannot be held liable for the actions of the driver.
- After such a long time, the keeper cannot possibly remember who was driving on that uneventful day some five years ago
- As the keeper, the Defendant cannot be held liable for more that the original PCN: <put amount here> POFA 4 (5)
- The additional charges are an abuse of process, as found in the case of Excel v Wilkinson and are not recoverable

The Defendant objects to the amount of interest charged. This is due to the Claimant's unreasonable delay in bringing the claim

I've seen on previous threads, certain breaches of POFA and wondered if any are relevant here?

GroupNexus has come back with several extra hurdles to get the info requested under my SAR and there's no way that will be received in time to meet my defence deadline. Not sure how essential this is?

Thanks so much.

atticus , ostell and anyone else, please can someone take a look over this case and help us?

We need to submit our defence by early next week so would really appreciate your expert insight and guidance based on the evidence we asked for and the response they provided (attached).

Thanks, I am in your debt and owe a few beers!

Buckster.

[ostell]

POFA no 9 (2) (b), (e) or (f) therefore cannot claim keeper liability.

[Buckster]

POFA no 9 (2) (b), (e) or (f) therefore cannot claim keeper liability.

ostell , thanks so much mate.

Another quick question on the evidence provided; they sent back signage evidence which was timestamped from 2021 whilst this alleged incident occurred in 2017. In your opinion and experience, would another point in our defence stand which states without evidence to show the exact signage in 2017, there's no possibility any driver could accept the terms and conditions of their contract?

Thanks

[ostell]

Ask for contemporary pictures of signage

[Buckster]

ostell , atticus

Thanks again for your help on the case, I really appreciate it and the forum is excellent.

I need some additional support/advice and was hoping either of you could respond please?

We filed our defence aligned with the points we listed above and the solicitor/claimant refused to provide any further evidence to support their claim.

However, we received today a response from the solicitor saying their client (Highview) intended to move ahead. I believe this is a fairly standard response, correct? They attached a N180 Directions Questionnaire (small claims track) and said the court would be in touch in due course.

They also suggested I contact them to discuss settlement.

In your opinion/advice, would it be wise to call them and come to a settlement amount? The original fine was £60 if paid within 28 days although we never received this notice and was over 5 years ago now. I am also under the impression the maximum amount I can be held to would be £99 as they have not been able to prove I was the driver on that day but I confirmed I was the owner of the car in question.

Your advice is very appreciated, thanks.

Buckster...

FEEDBACK FROM THE SOLICITOR:
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

[atticus]

Coming to a settlement would bring this to an end. You may consider that a good thing.

Remember that the claimant will have to spend further money on court fees. Avoiding doing so may be a reason for it to accept something less than payment of the full amount now being claimed.

[ostell]

This is fairly normal procedure and are suggesting that you will lose. Take it as scare tactics to get you to pay

[Buckster]

ostell and atticus

Many thanks for the responses.

I have another question and I was hoping you could spare just a little more time to review.

Q) As the claimant been unable to prove I was driving the car during the alleged infringement over 5yrs ago as well as refusing to state if the PCN is against the driver or the owner, is it true the maximum they can hold me accountable for (should it go to court) would be the original PCN of £60 (paid in 28 days from the original notice)?

Thanks, I am incredibly grateful for the help.