UKCPM & Gladstones - County Court Defence

Coupon-mad

if I could get it, would it be useful to add an attachment of the named drivers on my insurance?

Yes.  A lot of people do.

the first letter is just referenced as 'notice to driver' right?

Nope, Notice to Keeper.

3. It is admitted that I was the registered keeper of the vehicle in question but liability is denied. Therefore, I have provided my investigative work into the situation. 
Would this suffice?

That's OK bit I would add (if you haven't already got it because I haven't looked at your link yet) the 'Keeper Liability' pages of the POPLA Annual Report 2015 as an exhibit and state in #3 that you were not the only driver of that car at the material time/year and you are aware that a registered keeper has no obligation to name the driver to a private parking firm and that no adverse inference can be drawn, especially when the keeper gives oral and written statement evidence that they were not the driver.  In this situation, where the POFA has not been adhered to, keeper liability fails.  This position is confirmed at exhibit x by POPLA and PATAS erstwhile Lead Adjudicator and expert parking law barrister, Henry Greenslade in the POPLA Annual Report 2015. The Claimant has no cause of action.

kimaru

Coupon-mad said:

if I could get it, would it be useful to add an attachment of the named drivers on my insurance?

Yes.  A lot of people do.

the first letter is just referenced as 'notice to driver' right?

Nope, Notice to Keeper.

3. It is admitted that I was the registered keeper of the vehicle in question but liability is denied. Therefore, I have provided my investigative work into the situation. 
Would this suffice?

That's OK bit I would add (if you haven't already got it because I haven't looked at your link yet) the 'Keeper Liability' pages of the POPLA Annual Report 2015 as an exhibit and state in #3 that you were not the only driver of that car at the material time/year and you are aware that a registered keeper has no obligation to name the driver to a private parking firm and that no adverse inference can be drawn, especially when the keeper gives oral and written statement evidence that they were not the driver.  In this situation, where the POFA has not been adhered to, keeper liability fails.  This position is confirmed at exhibit x by POPLA and PATAS erstwhile Lead Adjudicator and expert parking law barrister, Henry Greenslade in the POPLA Annual Report 2015. The Claimant has no cause of action.

I've just tried to get the named drivers but unfortunately my previous insurance company has deleted my records, so I can't get that information.

That's annoying. If it's picked up I'll apologise for the error and explain I thought the first letter was called that.

Amazing, thanks very much! I'm immensely grateful for the detailed and actionable advice you've provided throughout the process.

I've added it to my W.S, here's the latest redacted version: https://drive.google.com/file/d/1bxi_ad8-hMpx-U-RFmsxwd0G76F2vY16/view?usp=sharing

D_P_Dance

I've just tried to get the named drivers but unfortunately my previous insurance company has deleted my records, so I can't get that information.

Why would you need it, thre burden of proof is on the claimant.

kimaru

So I've got 9 days left until my W.S. Deadline, I'm guessing the claimant is going to wait until the last possible moment to send me their statement. I should do the same right?

I've read of claimants just sending their statement to the court and not the defendant. If this happens, what should I do?

Redx

Complain about it to the judge as a preliminary matter

Either way , get your tasks done before the deadline

kimaru

UPDATE!! - Witness Statement Received.

I have just come home and found that I've received the claimants Witness Statement through the post.

I have to submit my own witness statement tomorrow! I've just scanned their statement and uploaded the PDF here:

Claimants W.S: https://drive.google.com/file/d/1uw7wCDXX_XPtO4styY85aT4G4sfnnPeR/view?usp=sharing 
(Personal details redacted by me in red)

I have only had the chance to skim the document, but I wanted to upload it immediately so that members on the forum could offer advise on whether I should quickly update my own witness statement.

Here is my W.S.: https://drive.google.com/file/d/1NNkxQe6FISCaZVxK6XeaTpy6nIJYJ5Tk/view?usp=sharing

Thanks!

@Coupon-mad

kimaru

I've added the following to my Witness Statement:

9. It is clear that no other motorist was deprived of parking within the area given the vast amount of space available on both sides of the vehicle. (Please see Exhibit DW.05 page 22).

Also, would it be safe to adjust my loss of earnings to the standard £95 as the claimant won't be turning up to court anyway and therefore won't ask the judge for payslips etc (Which I don't have as I've been working on my business)?

Le_Kirk

kimaru said:

I have to submit my own witness statement tomorrow! I've just scanned their statement and uploaded the PDF here:

Are you sure it is tomorrow, as it is a Bank Holiday?

kimaru

Le_Kirk said:

kimaru said:

I have to submit my own witness statement tomorrow! I've just scanned their statement and uploaded the PDF here:

Are you sure it is tomorrow, as it is a Bank Holiday?

Yep!

"Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 30 August 2021."

I assume sending an email to the court and claimant is okay? Although it slightly worries me that the claimant sent me a hard copy of the W.S. to my address as it implies hard copies are required...

I don't see why it would be a problem to email...

Redx

Email is ok since the pandemic , copy your email address , plus court , plus claimants solicitor into it , 3 destinations , so Gladstone's , local county court , you !!

The claimant will send a hired gun legal instead , sodon't assume that nobody is turning up , because somebody is , just not the solicitors or the claimant , but a third party , hired at the last minute , usually

If you didn't know this , you haven't read enough threads !!

The court probably didn't realise it's a bank holiday but the claimant did ,and you should have too , plus not later than means just that , not later than , hence last Friday was more reasonable , the 27th August , but not to worry , get it served by Tuesday the 31st