Missed all the early stages of appeal and now heading to court

harmonicapapa

Update:
I've received the Notice of Proposed Allocation to the Small Claims Track and have been instructed to return Form N180.  Mediation has been proposed by Smart Parking.
On Form N180, I intend to to request a court near me. Do I need to state why I want the court to be near me?
Also, I submitted an SAR to Smart Parking on 13 days ago, but have had no response.  Does anyone think I should send it again or chase them for a response?

Umkomaas

You don't agree to mediation - no likelihood of any satisfaction there for you. 

You are fully entitled to have the hearing at your local court - no reasons needed. 

Smart have 30 days in which to respond to your SAR - they won't be in any rush to help you. You'll just need to wait the full stretch. 

Coupon-mad

Filling out the DQ is explained (question by question) in a link in the NEWBIES thread, under the 'KNOW WHAT HAPPENS WHEN' red heading.

harmonicapapa

I am preparing my Witness Statement.  Is it appropriate for me to identify who the driver was at the time of the supposed parking offence?
My defence I submitted back in February is above in this thread.  

harmonicapapa

My Main arguments are

1. That the PCN was first issued by Smart Parking 34 days after the 'Date of Contravention'
2. The contravention involves overstaying the free period (4 hours) by 14 minutes.  Therefore breaching the BPA guidance on Grace periods

Can I be vague in my witness statement simply declaring that the vehicle was indeed parked in a marked bay, but not describing the circumstances of who was driving?

Redx

as I said in your duplicate thread

the answer to that is that if the judge or the claimant ask you in court if you were the driver, what are you truthfully going to say ??

Perjury carries a bigger sentence if you are both driver and keeper and deny it , or do you plead the fifth ??

did the claimant comply with POFA ? YES OR NO ?

did your defence bring POFA into it ? YES OR NO ?

so many questions need answering before anyone can guide you, we havent even seen your defence, nor do we know who the claimant is , or seen the signage , or seen the landowner authority either

the claimant or judge (or both) may ask you in court , especially if you are being vague about it , the claimant will assert that by the laws or probability you were the driver , taking evasion as proof

Coupon-mad

Yes you can and should just continue as the keeper, because it's Smart Parking and they don't use the POFA.

Some Judges might ask who was driving and that makes it tricky because you have no obligation to answer nor enquire of possible other drivers - and no adverse inference can be drawn.  But a Judge may still decide on the Balance of Probabilities it was you, unless you include as evidence the insurance policy that shows there was more than one insured driver (thus tipping the BoP back away from you).

harmonicapapa

To be clear, I was not the driver on that day.  But I am reluctant to name the driver in case that then allows Smart Parking to then pursue them for the fee. 

Coupon-mad

Hooray, you were not the driver so you MUST STATE THAT in your WS!  No-one is telling you to name the driver.

Redx

so state categorically that you were not the driver of the vehicle on the day in question , you are putting them to strict proof of POFA knowing they cannot comply, so although you know who was driving you are not prepared to telll anyone and the claimant has the wrong person in the dock , the defendant is not liable , etc etc

you can say THE DRIVER in your WS, WITHOUT INFERRING THEIR NAME OR GENDER OR ADDRESS ETC

but make sure you have said IN BOLD at the beginning that you were not the driver on the day in question and you were (at home , at work , on holiday , whatever is true so that you cannot be in 2 places at once)

SMART failed POFA , so ensure you hammer it home