VCS Parking Charges (3) - Resulted In County Court Claim Form

KimmyHrunt

Honeslty, i think this could go either way here.

Lamilad

tense stuff. how do you feel it went?

KimmyHrunt

Pofa point got ruled out, as the claimant advised they are not relying on it.

I replied that then they have no evidence of who was driving, which they are required to do.

KimmyHrunt

Honestly, i'm not so sure. I honestly think i ripped them with my arguements and evidence, but i' not sure what the judges take on it is.

I think on paper i should win, although you cant really guess.

Lamilad

what did the judge make of their EvL argument and their failure to comply with pofa?

KimmyHrunt

She focused on beavis more than anything.

The pofa is not relevant as the claimant is not relying on it........apparantly.

DoaM

That sounds very like the DJ that Pranky blogged about earlier this week ... really didn't understand the LAW!

Lamilad

KimmyHrunt wrote: »

She focused on beavis more than anything.

The pofa is not relevant as the claimant is not relying on it........apparantly.

Oh dear! that sounds like a major misunderstanding by the judge. It's relevant in that without it they can only pursue the driver, so why are you sat there as the keeper when they can't prove who was driving.

The fact they say they're not relying on it makes it more relevant, if anything

Redx

you would think its a slam dunk win for the defendant if they do not know who was driving and are not relying on POFA2012

its the fact that they fail on POFA2012 that makes a lot of their claims invalid and why they lose

no pofa , no driver = no win for the claimant

Lamilad

Redx wrote: »

you would think its a slam dunk win for the defendant if they do not know who was driving and are not relying on POFA2012

its the fact that they fail on POFA2012 that makes a lot of their claims invalid and why they lose

no pofa , no driver = no win for the claimant

Exactly. It's about time district Judges got properly informed about this statute. Especially given that the vast majority of small claims going through the courts these days must involve private parking incidents.

Cases like this should be over in minutes...

Judge: "Are you relying on PoFA"?
Claimant: "No"
Judge: "Can you prove who was driving?"
Claimant "No"
Judge: "Case dismissed"