Helping out my folks with 2 PCN's. MOTO/Roadchef - CP Plus / DCB Legal

Timeouts

So I responded to that accepting 'mediation' 

Did not put you down as a loser ...... and you will lose with mediation

What do you want to do now ????

Helpingmyfolks

Coupon-mad said:

So I responded to that accepting 'mediation' to give me the three extra days for the SAR period

Oh dear, why do that? The two things are unrelated and you MUST NOT do Mediation.  It is bullying of Defendats to settle, and it has no place in a parking claim case.

I only selected mediation as the 30 day timeframe for the SAR hadn't expired and I didn't know how quick it would get pushed through with the CC. So didn't want to not have the information to hand.

On the documents it says mediation has no adverse effect on the hearing (if an agreement can't be reached). I have no intention of negotiating with them, it was purely to buy time.

Coupon-mad

That's fine and say NO to Mediation when you get the invitation!  DO NOT FEEL YOU MUST DO THIS.

Helpingmyfolks

UPDATE:

Mediation never happened. Wasn't going to be bullied into paying anything.

So have now received 'Notice of Allocation to the Small Claims Track (Hearing).

So now comes the Witness Statement. 
To keep things brief and save people scrolling back. My father (defendant) is the registered keeper. He was not the driver.

Would I be correct in saying that this simplifies the WS to a certain extent and makes it far more generic (as poor signage, photo's etc are irrelevant)?

I have looked at robertcox999 WS which @Coupon-mad linked in the newbies thread. It's extremely thorough but the only defence is:
(d) if you are defending as keeper, not driver, include a copy of Schedule 4 of the POFA - there is a link in post #1 above. Plus a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.

NCC1701-A

If you get a moment, can you make your views known on this industry via the current government consultation on private parking - lots are objecting to allowing debt recovery fees by the back door.

https://consult.communities.gov.uk/regeneration/further-technical-consultation-on-private-parking/consultation/intro/

Helpingmyfolks

As a side note (as mentioned at the beginning of the thread) My father submitted this defence via MCOL:

This claim relates to alleged parking charges dated 21/10/15 and 14/01/16. At no time since these dates have I ever received any correspondence from CP Plus Ltd seeking payment and therefore had no opportunity to deal with the matter in a timely way.
The claim form date 21/04/21 gives dates, location and a registration number. I’ve not been provided with any documentary evidence such as make and model or photographic images, so as to determine whether this is indeed a valid claim. 
I have had several contract hire vehicles (I no longer have the vehicle relating to this claim). These contract hire vehicles are primarily used by someone else for work purposes. I have received and settled previous parking charges in the past, including ones to CP Plus Ltd. I’m aware that at least two of those charges were inappropriately issued as parking was paid for at the time (when challenged, the notices were withdrawn).
I would not have been the driver of the vehicle at the time of the alleged offences. Having not been sent a parking charge notice, I have not been offered the opportunity to pay them or challenge their validity. 
I am astounded that it has taken in excess of five years for CP Plus Ltd to make this claim, which makes me question as to whether it is financially beneficial to wait as long as possible, so as to inflate thew charges with interest and alleged costs? 

I did amend the template defence and resubmitted it to CCBCAQ@Justice.gov.uk but was told it's too late.

So do I include the defence template in my witness statement?

Le_Kirk

You cannot attempt to edit the defence in the manner you suggest.  What you can do, on behalf of your Father (although it is in his name and signed by him as he is defendant) is to write a carefully crafted witness statement backing up and supporting the defence and giving evidence of the points that are in the "defence as already filed".

Helpingmyfolks

Ok.

Whilst I'm woefully uneducated in this arena. The only defence for my father is that he's the registered keeper and not the driver.
In the WS, if I reference Schedule 4 of the POFA, paragraph 9 (also the fact they didn't give him an opportunity to identify the driver) and a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.

Is there much else to include (other than unlawful additional costs)?

Umkomaas

For an example of a well developed WS, seek out the thread of @jrhys.  Use that as your framework. 

KeithP

Helpingmyfolks said:

The only defence for my father is that he's the registered keeper and not the driver.

Is there much else to include (other than unlawful additional costs)?

You need to understand that the Claimant is seeking to transfer any driver's liability to the keeper.

So the first point is to try to convince the court that the Claimant has failed to use POFA to satisfactorily transfer that driver's liability to the keeper.

Failing that, the keeper effectively has to defend themselves as if they were the driver.

The Defendant needs to consider all the things that a driver may or may not have experienced.
E.g. what were the signs like?