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Court defence

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Comments

  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
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    ' .... and could not possibly have been the driver'
    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.

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  • Redx
    Redx Posts: 38,084 Forumite
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    edited 18 March 2021 at 7:38PM
    After question write

    But not the driver , or adapt it a to what Umkomaas wrote

    So was actually in bed at

    Add in that actually word

    Then it seem correct to me as your paragraph 2

    The point being

    Not the driver

    Actually in bed

    No liability , hence the denial. , I never mentioned removing items from the fruitcake example , so stop removing things. It's all about better wording
  • kfrs9960
    kfrs9960 Posts: 32 Forumite
    10 Posts
    Redx said:
    After question write

    But not the driver , or adapt it a to what Umkomaas wrote

    So was actually in bed at

    Add in that actually word

    Then it seem correct to me as your paragraph 2

    The point being

    Not the driver

    Actually in bed

    No liability , hence the denial. , I be Dr nentioned removing items from the fruitcake example , so stop removing things. It's all about better wording

    a)    It is admitted that the Defendant was the registered keeper of the vehicle in question and because they were working night shifts they were actually in bed at the time of the alleged incident. and could not possibly have been the driver Liability is denied. 

    b)   It is admitted that the Defendant was the registered keeper of the vehicle in question and they were working night shifts, so were actually in bed at the time of the alleged incident. and could not possibly have been the driver Liability is denied. 

    Which one sounds better, my grammar  isn't the best


  • Redx
    Redx Posts: 38,084 Forumite
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    edited 18 March 2021 at 7:42PM
    The second one

    So post your proposed and numbered paragraphs 2 and 3 , plus any additions as say 4 & 5 etc , below

    You can renumber top to bottom when the final agreed paragraphs are slotted into the rest of the template
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 March 2021 at 7:41PM
    Or c)...
    It is admitted that the Defendant was the registered keeper of the vehicle in question but was not the driver. The Defendant was working night shifts and was sleeping at home at the time of the alleged parking event. Liability is therefore denied.
  • Redx
    Redx Posts: 38,084 Forumite
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    Liability must be denied , so not that one
  • kfrs9960
    kfrs9960 Posts: 32 Forumite
    10 Posts
    Redx said:
    The second one

    So post your proposed and numbered paragraphs 2 and 3 , plus any additions as say 4 & 5 etc , below

    You can renumber top to bottom when the final agreed paragraphs are slotted into the rest of the template


    The facts as known to the Defendant:

    2.        It is admitted that the Defendant was the registered keeper of the vehicle in question and they were working night shifts. So were actually in bed at the time of the alleged incident and could not possibly have been 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 (“The Act”), Schedule 4, including paragraph 9 (2) (f) and therefore the Claimant is incapable of holding the keeper liable. The Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have been made such requirement part of The Act.

  • KeithP
    KeithP Posts: 41,296 Forumite
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    Had this been the intention of parliament, they would have been made such requirement part of The Act.
    The second 'been' should not be there.
  • kfrs9960
    kfrs9960 Posts: 32 Forumite
    10 Posts
    Is This now good enough to submit ?
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Show us both the paragraphs you have altered please (and any additional changes to the template if you have made them).
    I married my cousin. I had to...
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