PPS notice issued advice please

flopstocks

OK it looks very likely that my partner is going to court on the 17th, Bwlegal have attempted to contact her twice this week.

We have no idea what to expect, but if questioned about who the driver was is she OK to admit it was me(with no comeback).  Or does she just say she was not driving(100% true).

If questioned about what happened is it a good idea to admit it was user error (the fact I never pressed the confirm button after the reg and time was displayed). Or just leave it that it could have been a machine issue, typo or user error?

Who would have thought not pressing the green button once more would cause all this hassle.

KeithP

flopstocks said:

We have no idea what to expect...

This might help in some small way...

www.youtube.com/watch?v=n93eoaxhzpU

Le_Kirk

flopstocks said:

OK it looks very likely that my partner is going to court on the 17th, Bwlegal have attempted to contact her twice this week.

We have no idea what to expect, but if questioned about who the driver was is she OK to admit it was me(with no comeback).  Or does she just say she was not driving(100% true).

If questioned about what happened is it a good idea to admit it was user error (the fact I never pressed the confirm button after the reg and time was displayed). Or just leave it that it could have been a machine issue, typo or user error?

Who would have thought not pressing the green button once more would cause all this hassle.

If the defendant (your partner?) was genuinely not driving and that is what was put in the defence and backed up by the witness statement, there is no point in "dobbing in" the driver - will the driver even be there at the hearing (there is no need to be).  If the defence has claimed failure of the PDT - the PPC's own equipment - then it is up to the claimant to prove it was functioning on the day in question,  Don't do their job for them!  If the defendant was driving, do not lie to the judge!

flopstocks

OK I was driving, but was planning as attending as a Lay Rep but that might be a bad idea I guess?  My partner is not happy about going to court as the registered keeper.

The claimant has provided proof that the machine was working in the WS.  I now know it was technically my fault for not pressing the green button to confirm after my reg and time was displayed. 

Even so I think it is terrible how someone can be fined so much for such a simple mistake.

Coupon-mad

You paid your money and the machine failed.  You surely have no real idea that you *didn't* press the green button (maybe you did and it was sticky/faulty?) so why would your wife say it was somehow your fault?

You say there is evidence that one machine was working that day. Does that so called evidence include ALL machines (likely there are several there) and is it clearly headed up as the same site (could it be machine records from anywhere?).

Has any manager signed it off as a true record?  No.

Was the person who signed the WS actually there as a witness that day?  No.  You were!

And/or have they said who supplied that machine log, how they obtained it and how they know it is a true unaltered log, given anyone could have knocked up that word doc? No. 

I an concerned you have no idea what to expect from a hearing, given we have literally thousands of winning court reports here, recounting how it went and who said what/when.

Just search the forum for ANOTHER ONE BITES THE DUST and read half a dozen or more where people have given a summary of their hearing, as most do.

That will help you, as does the 'Hearing Tips' section of the NEWBIES thread.

Maybe you should supply a WS and be a witness instead (you can't be both a Witness and lay rep).

flopstocks

Thanks again Coupon-mad.  Sorry I could be confusing things.  WS and everything was written by me but for my partner.

I was driving and really did make an error.  But I suggested about me going as a Lay Rep to help her.

Coupon-mad

No I get that. I was saying you could have also been a witness (yourself and your wife).  But not a lay rep as well! It's one or the other.  A lay rep is not allowed to give evidence.

Did you look at the so called machine log and apply my cynical questions to it?

flopstocks

Yes the list is just a generic print, with no manager signing 

I will have a read up, thank you so much.

Is it likely that the Judge will ask who was driving and I assume she should be obliged to tell the truth?  That's what is worrying me if I go in as a Lay Rep

Le_Kirk

If the defendant states in their defence that they were not driving and there is no law (currently) compelling the defendant to name the driver, the judge can only ask the defendant on oath "were you driving that day?"  the defendant can answer truthfully "NO!"  The judge cannot then look around the court and ask everybody present if they were driving!

Coupon-mad

Maybe yes.  Don't worry and never lie.  That's why it may be better for you to be a witness.  You would get to speak as the Judge sees fit to ask things.  You just wouldn't be able to lead the case and speak for her.

Is this a POFA compliant NTK where she is liable under the keeper liability law, or not?  I can't recall.