Advice needed on Defence already submitted- going forward to contest VCS

gumgirl

I can’t see any mention of POFA 2012 but will check again.

I have not admitted who was driving.

I will mention Beavis thanks!

Gina

gumgirl

And to clarify further my defense statement asserted I was the registered keeper of the vehicle.

RobinofLoxley

You might not remember anyway as it was so long ago.

gumgirl

Thank you- I have changed this to say what I meant. I am writing the WS now and will post it tomorrow. Many thanks. Gina

RobinofLoxley

So another defence point is their lack of use of POFA.
They have the ability prescribed by law (POFA 2012) to transfer the liability for the parking charge to the keeper if they do not know the name of the driver. As VCS have chosen not to use that right under POFA the keeper cannot be held liable.

gumgirl

That is definitely going in my Witness Statement!

KeithP

gumgirl wrote: »

That is definitely going in my Witness Statement!

But a quick skim read of your Defence shows no mention of POFA or lack of keeper liability.
How are you going to introduce that in your WS?

gumgirl

Ah! I did not know I had to limit my witness statement to what I had introduced in my defense statement. Is it not possible to bring in new points if I argue I have since found out new information or had more advice? I did not mention Abuse of process initially either but plan to bring it into the WS also.

Coupon-mad

And that the company will operate in accordance with the British Parking Assoc. AOS code of practice.

VCS are not in the BPA AOS any more, and a 2010 contract is very old and pre-POFA, so is it even still current?

Re Vine, you know how to demolish that misquote, from all the other VCS threads about Vine and Roch LJ.

Ah! I did not know I had to limit my witness statement to what I had introduced in my defense statement

You don't.

Not really...you can expand on whatever you like & will probably be allowed to.

And can you change your spell check to English not American? 'defense' drives us mad!

gumgirl

`Thanks, all good info for me to digest.

I thought I would be able to add in new information, so did not understand why that was queried, thanks for clarifying. And yes will use English not American spelling as I assume the court will also prefer that! Gina