transfer of liability

Strawblues

Many many thanks Coupon-mad. That's brilliant! I will make those amendments. I gather I have to send a copy to the Court and to Gladstones. Should I do that soon or leave it until nearer the cutoff time?

Coupon-mad

Leave it nearer in the hope of seeing their utter dross WS first, so you can pick holes in it too.

And you will need to spend time now getting that second signed WS from the driver. Honestly it could make or break your case, IMHO, as it demonstrates the truth of your statements.

You could also gather evidence about the car park and circumstances, to add to your WS. Like I said, if it was a residential block of flats, how about secondary evidence (photos, if you are local) that the signs are pants/missing/obscured, and that the driver WAS authorised to be there...

Can you tell us more about the situation, car park, why he parked there? You do need to know as much as possible.

Strawblues

He parked behind a charity shop in the evening when it was closed I gather. It may have been too dark to see the signs, I don't know.

The_Deep

This is almost certain to be thrown out by the judge, why do Gladstones persist? Surlely this meets the test of unreasonable conduct.

Coupon-mad

Strawblues wrote: »

He parked behind a charity shop in the evening when it was closed I gather. It may have been too dark to see the signs, I don't know.

OK so he can put in his WS that it was pitch black & unlit, and no signs, let alone terms, were visible.

And you could mirror that in your WS, saying that the driver told you that the car park was unlit...no signs seen...blah blah...so there was neither a 'relevant contract', nor 'relevant obligation' communicated by 'adequate notice' at this location at night, so it fails the tests in the POFA on those fundamental issuesand as such, as keeper you can't be held liable, even if you had not transferred the liability.