Advice needed on next steps - HX Car Park Management - Site 1085 Salterhebbble Halifax HX3 0QE

PCN_BoBeB

AOS filed, now working on the defence

Question regarding #2 

The facts as known to the Defendant:

It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

Would I put information how the claimaint has failed to prove that I was the driver? I have not admitted to being the driver in any appeal or otherwise. 

Le_Kirk

PCN_BoBeB said:

AOS filed, now working on the defence

Question regarding #2 

The facts as known to the Defendant:

It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

Would I put information how the claimant has failed to prove that I was the driver? I have not admitted to being the driver in any appeal or otherwise. 

Just adjust as below: -

It is admitted that the Defendant was the registered keeper of the vehicle in question but not the driver but and liability is denied.

PCN_BoBeB

Le_Kirk said:

PCN_BoBeB said:

AOS filed, now working on the defence

Question regarding #2 

The facts as known to the Defendant:

It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

Would I put information how the claimant has failed to prove that I was the driver? I have not admitted to being the driver in any appeal or otherwise. 

Just adjust as below: -

It is admitted that the Defendant was the registered keeper of the vehicle in question but not the driver but and liability is denied.

Am I putting this as they have failed to prove whom the driver is or am I putting this as I wasnt the driver (or both)
(I just want to understand my defence position)

Le_Kirk

You put the truth.  If you were not the driver, say so but beware if the judge (or claimant) asks you at the hearing "were you driving?" what are you going to say?  The keeper has protection in law (POFA 2012) and cannot be held liable for the actions of the driver (e.g. not paying for parking) PROVIDED that the claimant/PPC has abided by all the rules of POFA and the original NTK was POFA compliant.  What is the case here?

PCN_BoBeB

In all honesty, I do not recall - however I know (based on looking at other cases) that this can sound to a judge as avoidance. Hence my question regardng evidence etc
it would of been either myself or my wife, however we changed drivers a few times that day.

Le_Kirk

PCN_BoBeB said:

In all honesty, I do not recall - however I know (based on looking at other cases) that this can sound to a judge as avoidance. Hence my question regarding evidence etc
it would of have been either myself or my wife, however we changed drivers a few times that day.

Then you put the truth "it is not possible to be certain on an unremarkable day xx months ago, who was driving".  In your witness statement you can say: -

it would have been either myself or my wife, however we changed drivers a few times that day.

 and explain why/how.

PCN_BoBeB

I am nervously building my defence, and looking at other examples for the same site / claimant.

What is the best way of getting a version of the defence reviewed. I am endevouring to put as much together so its not piecemeal.

Umkomaas

PCN_BoBeB said:

I am nervously building my defence, and looking at other examples for the same site / claimant.

What is the best way of getting a version of the defence reviewed. I am endevouring to put as much together so its not piecemeal.

Are you not using the forum's template defence where you only need to construct two paragraphs?  No more than a 30 minute job. 

PCN_BoBeB

Umkomaas said:

PCN_BoBeB said:

I am nervously building my defence, and looking at other examples for the same site / claimant.

What is the best way of getting a version of the defence reviewed. I am endevouring to put as much together so its not piecemeal.

Are you not using the forum's template defence where you only need to construct two paragraphs?  No more than a 30 minute job. 

yes, however does it not need the information to include the reasons for the defence such as inadequate signage, grace period, predatory tactics using handheld camera etc?

Redx

Some of that is in the template

Just adapt the paragraphs 2 and 3 and post them below for critique , nothing more