County Court Business Centre Claim Form via BW LEGAL

earth_moon626

Hi all! My telephone hearing is coming up and I have just finished my first draft of my WS and evidence to be sent soon. I would greatly appreciate if anyone could take a look over it. The photos arent included yet, I mostly want to see if my wording and references are ok. Thank you! 

1505grandad

Some observations after a brief skim read:-

"6. At the time of the contravention I was living in a flat within a shared house consisting of three

flats with my partner on the residential road of the car park in question. I was the registered keeper

of the vehicle, and my partner a named driver. I cannot accept that I was the driver who parked the

vehicle there that night as both my partner and I used the car interchangeably each day."

HOWEVER you state in para 4:-

" I sincerely say in truth that I would not have parked there had I known the terms and conditions of parking there and that it would lead to a charge."

ALSO Para 8 seems to indicate you as driver

Para 3  (typo)  -  " I (recieved) a letter before claim from BW Legal..........."

Para 12  -  "In this case with PPS, the signage fails to adhere to the standards laid out by the relevant accredited parking association, the International Parking Community ('IPC')."

HOWEVER in your post dated 17.10.2018 (page 3) you state, after being questioned:-

"I checked the IPC website and Premier Parking Solutions Ltd Accreditation Start Date was 01/03/2016 which was after these PCN's were issued so I will remove IPC references from my defence."

earth_moon626

@1505grandad thank you for your reply, and happy new year to you! 

Thanks for looking at this, yes I'm actually unsure of whether to just accept being the driver so I can defend the case properly, neither accept or deny, or deny being the driver. Between my partner and I we don't know who it was but it was more likely him. But I did park there myself on one occasion too so when I speak about the carpark I am speaking from experience. I'm quite unsure of how to go about this. 

Thanks for reminding me about the IPC, it was on their signage at the time so I must have forgotten I had checked and found they weren't even a member at the time. I'll update to the BPA instead but will check if they were a member with them first! 

earth_moon626

I would rather argue on the grounds of inadequate signage than on keep liability alone which is the only thing I'd be left with if I denied being the driver I think, so I think it might be best if I just admit to being the driver that day so I can go with a stronger argument. 

D_P_Dance

I would rather argue on the grounds of inadequate signage 

Indeed some company's signs are pants, have you read this?

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

earth_moon626

The problem is though is that I genuinely cannot remember who parked there that day.
In my witness statement, I can only speak from experience from an instance when I parked there, but it wasn't necessarily that time. Both my partner and I had to park there on different occasions when no spaces elsewhere. It was 5 years ago and this case has already been stayed once.. so I think its reasonable that I can't be sure who it was.
But I want to know if I can still argue bad signage if I'm not sure I was the driver as I believe bad signage is my best argument?

Umkomaas

Thanks for looking at this, yes I'm actually unsure of whether to just accept being the driver so I can defend the case properly, neither accept or deny, or deny being the driver. Between my partner and I we don't know who it was but it was more likely him. But I did park there myself on one occasion too so when I speak about the carpark I am speaking from experience. I'm quite unsure of how to go about this. 

I note earlier in the thread that you were arguing no keeper liability under PoFA, but you've not expanded on that. Why do you believe it to be the case?  We haven't seen a redacted copy of the NtKs sent to you.  There's no point ducking and diving around who was or wasn't the driver if the the NtKs were PoFA-compliant. 

Let's unpack this first, then you can perhaps move forward along a clearer path. 

Fruitcake

If you do not know who was driving, then you must say that (and the reason why).

Do not say something that is not true, or may not be true.

Paragraphs 4 and 6 of your contradict each other. Both cannot be true.

I would be wary about stating who parked there on more than one occasion in your other paragraphs as the judge may decide on the balance of probabilities it was the defendant, and might also decide they had the opportunity to check signage on several occasions yet still decided to park in breach of Ts and Cs.

Likewise, saying that the defendant didn't find a NTD could also result in an assumption that they were the driver.

If you are not using PoFA as a defence, then it doesn't matter, but any hint at the driver's identity will blow that point out of the water.

If you have received the scammer's WS and exhibits, please post them here for us to look over, ideally before you submit yours. Only redact YOUR personal data. I cannot stress the words, Only and YOUR enough.

Coupon-mad

Do NOT admit to driving if it was ''more likely'' that the driver was in fact your partner but that you don't know.  You simply argue this like in the Coastway Vets thread.  We won that case on unclear signs, no grace period AND that he couldn't recall if it was him or his wife driving (and we were able to show that the POFA 2012 had not been complied with due to no 'period of parking' on the PCN). 

NO LINK GIVEN - I ALWAYS WANT NEW POSTERS TO BE CONFIDENT TO SEARCH AND USE THE FORUM LIKE WE DO.

nosferatu1001

If you don't know who was driving, why would you lie and say you were the driver?
lying to the court is bad.