Excel parking

beagles2

Coupon-mad said:

Read the thread by @adambuzz14

I have read the thread by Adambuzz14 as the judge found the notice to driver to be a non compliant NtD and despite excels dodgy practice of labelling it as not. can i reference his court case as a defence (i.e abductive reasoning would suggest “If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck”)? unfortunately due to lockdown etc i have not been able to go to the car park where the car was ticketed so i am relying on google images of the signage.  So i feel their lack of compliance to the POFA is stronger in my case due to my lack of ability to gather evidence against the signage.   Then obviously the fact that BW legal added £60 legal fee that has some how turned into an as contracted debt collection fee on the ELMS so double recovery being my other defence.

Redx

Excel have never followed POFA to my knowledge, so if you were the driver then they use the B O P to infer that the keeper and driver are one and the same, if necessary by them or the judge asking in court if you were the driver  ? YES or NO ? . how would you answer that question in court ?

if you were not the driver, POFA is the best defence as I mentioned on page 1

if you were the driver then POFA does not assist you

getting the extra charges dropped is no defence to the core terms of the pcn

Le_Kirk

beagles2 said:

Coupon-mad said:

Read the thread by @adambuzz14

Then obviously the fact that BW legal added £60 legal fee that has some how turned into an as contracted debt collection fee on the ELMS so double recovery being my other defence.

That is not a defence per se, it is used to try to get the £60 removed and, sometimes, if you are lucky, the case is struck out, less likely since the recent Semark-Jullien case.

beagles2

Redx said:

Excel have never followed POFA to my knowledge, so if you were the driver then they use the B O P to infer that the keeper and driver are one and the same, if necessary by them or the judge asking in court if you were the driver  ? YES or NO ? . how would you answer that question in court ?

if you were not the driver, POFA is the best defence as I mentioned on page 1

if you were the driver then POFA does not assist you

getting the extra charges dropped is no defence to the core terms of the pcn

Ok, so i dont remember who drove as both my wife and i were listed on the cars insurance as it was the 'big car' so we both used and took turns at driving when out as a family.  It was more than 3 years ago, when my daughter had just started nursery so was ill permanently so i dont remember much other than a serious lack of sleep for the whole year.  Is i dont remember a suitable answer for the judge? 

Ferrybird

Then that seems like a reasonable answer to me.....
"Sir/Madam I can honestly not recall who was driving on an unremarkable day on the date in question 3 years ago. At the time my partner and I were both insured on the vehicle"

Although if you have Google location data, an old diary, an old work rota etc that proves you were elsewhere then even better for your case.

Redx

As above , if it's the truth , then yes it is , especially if it can be stated and proved there were multiple drivers using the vehicle , so back it up with proof !!

beagles2

I cant prove that i wasnt driving but i can provide an insurance certificate with my partner named on it.  

Redx

beagles2 said:

I cant prove that i wasnt driving but i can provide an insurance certificate with my partner named on it.  

Good , because Excel would have to prove that you were driving (unlikely) , so not knowing who was driving and having multiple drivers named on a policy is excellent. For info. It could have been me , my insurance allows me to drive your vehicle , it could have been a mechanic working on your vehicle at your local garage , or a car wash employee whilst it was in for valeting , who knows ?

When 4 offenders starburst out of a stolen vehicle , the police must prove which one was driving , because they committed the offences , hence why the foot chase or NPAS helicopter follows the driver. No driver identified equals no case

Coupon-mad

Which is exactly the same as everyone does (at WS and evidence stage) on the billions of other threads exactly like this.

Adam's actual court transcript is available on a thread and yes, you are meant to use it at WS & evidence stage.

beamerguy

beagles2 said:

I cant prove that i wasnt driving but i can provide an insurance certificate with my partner named on it.  

And they cannot prove otherwise ... they brought the claim, the onus is on them to prove their claim