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(Should I amend this if I kept the letters? If so, how so?)
8. The Respondent/Defendant cannot be held liable for the conduct on private land, of an unknown driver of a car for which he happens to be the registered keeper.
8.1. Whilst it is a fact that an appeals service like POPLA and Schedule 4 of the 'POFA 2012' do not apply in NI, it is worth stating that the position re 'Understanding Keeper Liability' was confirmed by 'parking law expert' barrister and erstwhile POPLA/PATAS Lead Adjudicator, Henry Greenslade, in his Annual Report in 2015, which confirms that without the POFA, there is no lawful presumption that a registered keeper was the driver on any one occasion, without evidence.
8.2. Since this is a charge 'outwith the POFA (due to the event's location outside England/Wales) The Claimant is put to strict proof of their evidence that they are relying on to try to hold the Defendant liable, and under which rule of law.
8.3. It is denied that the law of agency can be applied to a driver who - I can say as registered keeper - must have been an individual insured to drive and acting in their own interests, not 'on behalf of the registered keeper' by any stretch. I cannot assist the Claimant with any knowledge of who was driving on an occasion many months ago, and have no obligation to name a driver to a private firm, even if I knew.
8.4. It is the Claimant's claim to evidence on the balance of probabilities, and the fact that any insured driver with my permission (not just those on my insurance policy) could drive this car, means they cannot tip that balance and have no cause of action against the Defendant.
The Consumer Council are very interested in this case, have been in touch with a lovely girl and I've begun collecting evidence, will be able to get Witness Statements about the car park site and am pretty sure someone legal might fancy this (I'm not earning much and it'd be a landmark case).
come to think of it I may have to document this with my very friendly and helpful GP...I'm feeling rather anxious.
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