Excel BW Legal 2012 court claim faulty machine.

Because it isn't *bound* to fail on that issue, due to the sad truth of DJ Lottery. However, being pre-POFA, it is just as likely to fail on 'no keeper liability' so both points are of huge importance.

To the OP, this might help re the wording at the end of your skeleton argument for court. You want to show unreasonableness, so you can try to claim punitive (higher) costs:

http://forums.pepipoo.com/index.php?showtopic=112635&st=140&p=1308091&#entry1308091

In your case you can add to that, the unreasonableness of pretending that they can assume who was driving in 2012 with no evidence whatsoever, yet knowing that they were actually banned by the DVLA that same year for 3 months, for saying exactly the same thing they are trying to say in court, now. Has to be abuse of the court process and indeed, contempt of court for them to keep trying to argue the exact same thing they were sanctioned for, in 2012, hoping the Defendant and court doesn't know that.

It's an argument that can be used in addition to your other ones; you are right that Local Authorities were told they were not to operate public car parks as if they were private land. And Wycombe Council (exposed to this scrutiny by our own poster bargepole!) did not take it to JR, so the fact stands that LA car parks cannot be operated by ANPR, and never should have been 'run' as if they were private land.

Have you got Excel v Lamoureux and Excel v Smith (the latter is a new transcript which kills any argument about CPS v AJH Films, among other things):

https://www.dropbox.com/s/hzmxw4bwab9vl8w/index.php.pdf?dl=0

Strictly speaking, your WS should be the facts as you know them, what happened when, which letters arrived when, and the fact that you ignored them because you knew that as registered keeper you were not legally liable, and the brightly-coloured demands bore all the hallmarks of a scam.

Then your legal arguments and case transcripts can follow, with your skeleton argument (which is not time-bound because you don't have to file one, but if you choose to, it must be sent to the court and the Claimant in advance).

Just saying this because it might take the pressure off you to file a simple, signed WS today - get that done - then take a bit longer with your skeleton argument.