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Thank you everyone - I'm doing the defence this weekend.
**Include this template point below as your #17**ONLY IF TRUE FOR YOUR CASE - IF NOT, YOU MUST CHANGE IT TO SUIT YOUR FACTS. If it is all correct then change the red to black and remove this comment!
17. The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little to shed light on the alleged breach, which relates to an unremarkable date some time ago. It is not established thus far, whether there was a single parking event, or whether the vehicle was caught by predatory ticketing and/or by using unsynchronised timings and camera evidence to suggest a contravention. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.
**Add this denial, ONLY if you were NOT driving (do not lie or leave it in by mistake!):
Whilst it is admitted that the Defendant was the keeper, they were not the driver of the vehicle at the time. Further, the mandatory requirements to establish 'keeper liability' have not been met and the Defendant is not liable in law.
If you have a good case otherwise and are sure that you are NOT able to (or wanting to) rely upon 'non-compliance with the POFA' (= especially relevant in 'non-POFA NTK' cases from Smart Parking, VCS, Excel, Civil Enforcement, CP Plus, Horizon, Highview, smaller PPCs and 'years old' cases from the likes of Britannia and OPS) and want to admit to being the driver (or if you already have ) change it to admit that the Defendant was the driver.
**Continue with more facts here for point #18 – talk about the car park and facts but not using ‘’I’’ or ‘’me’’** and remove this comment!
18. e.g. you might talk about having a permit or 'permission' to park; or an attempt being made to pay but the app or machine didn't work; or the driver/passenger being disabled and needing more time under the Equality Act 2010; or in residential cases, your primacy of contract and your lease; or maybe the ATA grace periods were breached; or the fact it was dark/rainy and no signs were seen; or that it was far from clear how driver could exempt their vehicle using a hidden keypad they knew nothing about/was not working). Careful not to 'blab' about being the driver if you are intending to rely upon the POFA!
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