PCN / Britannia Parking & BW Legal 15 May 2019 at 8:25AM in Parking Tickets, Fines & Parking 92 replies 3.7K views

Redx

Naming the driver means that the Driver is a witness to events and can assert the facts instead of a keeper being obstructive and hiding behind POFA with ifs and buts and no comment answers , being evasive

Sometimes a defendant who was the driver needs to say so and be a witness too

Only a defendant relying on POFA stays as keeper only

So a defendant that was the driver must make that choice , some have changed from Keeper to driver and been successful due to their answers and WS

Le_Kirk

Redx wrote: »

So a defendant that was the driver must make that choice , some have changed from Keeper to driver and been successful due to their answers and WS

No reason why the witness statement cannot suggest, "upon further research (and thought) it has come to light that the defendant was the driver on that day."

moon_dust

Redx wrote: »

Naming the driver means that the Driver is a witness to events and can assert the facts instead of a keeper being obstructive and hiding behind POFA with ifs and buts and no comment answers , being evasive

Sometimes a defendant who was the driver needs to say so and be a witness too

Only a defendant relying on POFA stays as keeper only

So a defendant that was the driver must make that choice , some have changed from Keeper to driver and been successful due to their answers and WS

Thanks for clarifying. My case does not really rely on POFA, other than the abuse of process point.

Other than that, I don't see it being important, hence naming myself as the driver.

Le_Kirk wrote: »

No reason why the witness statement cannot suggest, "upon further research (and thought) it has come to light that the defendant was the driver on that day."

This is probably what I will do.

Thanks.

moon_dust

Hello everyone.

Right, I think I am ready to issue my WS.

Please could I just confirm what I need to do now?

Print and sign my witness statement (plus supplementary WS) and send by recorded delivery to both the court and the solicitor of the Claimant.

Include my schedule of costs. (Can this include the £25 court fee? It's not on the template that I found on this forum).

Pay the court fee of £25.

Issue my skeleton argument at least 24 hours before the court hearing.

Documents and fee are due by Friday 13th December.

I just want to confirm that I am getting this right before I send the paperwork off.

Many thanks.

Umkomaas

Print and sign my witness statement (plus supplementary WS) and send by recorded delivery to both the court and the solicitor of the Claimant.

Hand deliver your WS to the court in a neatly bound and paginated bundle, with your evidence cross-referenced as a final section in the bundle.

For the claimant, we don't recommend using 'recorded delivery' (now known as 'Signed For'). Instead, use 1st class mail and get a free 'Certificate of Posting' from your PO counter - your mail is then deemed 'delivered' two working days later.

Include my schedule of costs. (Can this include the £25 court fee? It's not on the template that I found on this forum).

Pay the court fee of £25.

It's not on the template for one very good reason - the court fee is paid by the claimant, not the defendant.

Issue my skeleton argument at least 24 hours before the court hearing.

I'd do it a bit earlier, maybe 3 or 4 days prior.

Coupon-mad

Include my schedule of costs. (Can this include the £25 court fee? It's not on the template that I found on this forum).
Pay the court fee of £25.

You are joking?! You want to PAY their hearing fee?

moon_dust

Umkomaas wrote: »

Hand deliver your WS to the court in a neatly bound and paginated bundle, with your evidence cross-referenced as a final section in the bundle.

For the claimant, we don't recommend using 'recorded delivery' (now known as 'Signed For'). Instead, use 1st class mail and get a free Certificate of Posting' from your PO counter - your mail is then deemed 'delivered' row working days later.


It's not on the template for one very good reason - the court fee is paid by the claimant, not the defendant.


I'd do it a bit earlier, maybe 3 or 4 days prior.

Great - thanks for the clarifications. Really appreciate it.

Coupon-mad wrote: »

You are joking?! You want to PAY the hearing fee for the scammers?

Apologies - I have re-read the document again and seen that the fee is payable by the Claimant.

The bit that confused me was the part on the Claim Form that suggests that I am liable for the £25 fee.

Umkomaas

The bit that confused me was the part on the Claim Form that suggests that I am liable for the £25 fee.

Only if you lose.

moon_dust

My case was heard this morning at Oxford and I WON! :T

I don't have time to provide all of the details right now, but I will summarise the details within the next few days.

Huge thank you to everyone who has helped me on here, particularly Taliessa (who also won her case around a month ago), Coupon-Mad, Umkomaas, Le Kirk, Redx, Fruitcake, plus all of the others who have helped in some way. I could never have done it without all of your help.

Cheers everyone. Have a good weekend :beer:

nosferatu1001

Nicely done!
Ccourt rpeotr iwth judge name, ref numbver and also whether you got your costs!