help! private parking ticket going to court

RobertoMoir

rfdl100 wrote: »

Thanks for the heads up Peter.

With regards to being asked by a judge who was driving, would it be ok to respond along the lines of wanting to respect the privacy of the person driving and not disclose their details to a third party. Surely a court can't actually force a defendant to reveal these details, I thought the burden of proof laid wholly with the claimant.

With regards to telling a lie to or refusing to ask a question posed by a judge, I'd personally get proper legal advice and representation first. Who will very probably tell you not to do this.

AlexisV

If they ask, you are best off saying "I don't believe I am under any legal obligation to do so. I am only here to defend myself and maintain that I was not party to any contract with the claimant."

rfdl100

Alexis I think your advice sounds sensible. As I understand it every individual has a right in both criminal and civil proceedings not to incriminate themselves and would therefore be entitled to not directly answer that question (especially if for example they were the driver of vehicle at the time it was parked).

Should the matter actually go to court getting some form of proper legal advice also sounds sensible.