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Comments

  • Umkomaas
    Umkomaas Posts: 43,732 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think we've got sufficient for now. Draft your Defence using the standard template with your own circumstances built into paras 17 and 18 and let those who have court experience (fewer than a tiny handful) have a look at it. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    IIRC all/nearly all of these claims have been shot down.  You surely can emulate if you put in the hours.  Have you enlisted the support of your MP?
    You never know how far you can go until you go too far.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What about relevant land?
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,732 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    D_P_Dance said:
    What about relevant land?
    Exactly. 

    @molokoid - As this car park is on land under statutory control, it is 'not relevant land' for the purpose of Protection of Freedoms Act 2012 (Schedule 4) and the keeper cannot be held liable under the Act.  The PPC might be able to hold the driver liable, which is why you need to seriously re-evaluate what you have written above. You are defending this entirely as 'the keeper'. You keep 'the driver' completely out of the picture!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In my post of 21 October I urged you to research this matter.  Clearly you have not done so.  You will not win this unless you are prepared to put in the hours.   Why on earth would you admit to being the driver?    
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 155,423 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    With regards to the date in question, the Defendant entered the car park shortly before 6pm.
    If you don't understand why this unpicks your previous point, you need to read again what the 'not relevant land' pint means, or ditch it because you don't understand it.  As D_P_Dance says:
    Why on earth would you admit to being the driver?    
    In a case that's not relevant land?!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Don't identify the driver
    this is basic 
    identifying the driver means the driver can be chased. Do you want the driver chased? 
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