Court Defence advice please

Le_Kirk

Just join the sentences together so that (as the spice girls said) two become one!

bob5678

Le_Kirk said:

Just join the sentences together so that (as the spice girls said) two become one!

Amazing, thanks ha

bob5678

Amended again

The facts as known to the Defendant:

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

3. The Notice to Keeper from the Claimant fails to comply with the strict requirements of the Protection of Freedoms Act 2012, Schedule 4 and therefore the Claimant is incapable of holding the keeper liable.

4. The Defendant has since visited the site at various times of day and determined that it would have been dark, the signs obscured, badly lit or unlit, and inadequately placed. It is unclear where the boundaries are between public and private land and between adjoining areas of different private land.

5. The Premier Park signage does not comply with the British Parking Association Approved Operator Scheme Code of Practice, Version 7, as such no contract was made.

Fruitcake

You missed out the paragraphs of Sch4 of the PoFA I quoted in bold type.

Since your paras 4 and 5 both include comments about signage, I would combine them all in para 4.  It won't hurt either way though if you don't want to.

bob5678

Fruitcake said:

You missed out the paragraphs of Sch4 of the PoFA I quoted in bold type.

Since your paras 4 and 5 both include comments about signage, I would combine them all in para 4.  It won't hurt either way though if you don't want to.

Hi Fruitcake, thanks 
Looking at it now - can I leave off reference to paragraph 9 (2) (f), and just keep it open as to which sections of POFA I might refer to later? I want to go back and try to fully understand what you all have been saying about POFa, so I'm not feeling very certain about that reference at this stage...

Fruitcake

You could add, "including" before the words "paragraph 9 (2) (f)" to cover all eventualities. That way you can use other parts of the PoFA if they are relevant as well.

bob5678

That's great will do that

bob5678

Here we go, final version fingers crossed. All other points from the template are included, unamended, just renumbered

The facts as known to the Defendant:

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

3. The Notice to Keeper from the Claimant fails to comply with the strict requirements of the Protection of Freedoms Act 2012, Schedule 4, including paragraph 9 (2) (f) and therefore the Claimant is incapable of holding the keeper liable.

4. The Defendant has since visited the site at various times of day and determined that it would have been dark, the signs obscured, badly lit or unlit, and inadequately placed. It is unclear where the boundaries are between public and private land and between adjoining areas of different private land. The signage also does not comply with the British Parking Association Approved Operator Scheme Code of Practice, Version 7, as such no contract was made.

Fruitcake

I think it is okay, but if time permits, let others have a look at it and comment as well.

bob5678

Thanks everyone - the defence has been submitted. I will update you as soon as I hear anything.
I really appreciate everyone's help. Is there anywhere I can donate - like a tip? or to a charity?