Another Parking Fine @ Wise Campus Bristol

suckyfish

Coupon-mad said:

Nope.  Show us that NTK again please.  Hope I am not muddling your case with another UKCPM one...

https://drive.google.com/file/d/1XhY7kUn4IO3Ed97j4YDonFJAfOwa3P6y/view?usp=sharing

Here's the NTK

suckyfish

Ok, so because they used the word 'driver' instead of 'keeper' that means they have failed to notify me (the keeper) of a transfer of liability? 

Coupon-mad

Takes less than two seconds to spot the issue with it, given you were not driving.  This should be your FIRST point.

I rest my case and so does Umkomaas.

You task is to now slot this non-POFA crashingly obvious 'non-keeper-liability' wording into your WS, quoting from the POFA schedule 4, as @Umkomaas kindly spelt out for you.

I dropped hints, really hoping you'd find it yourself because we can't have a poster not understanding and seeing the issue that you (not us) are going to have to explain to the Judge.

NEVER assume a Judge knows the POFA.  That case last month was unloseable but the defendant didn't get what she had to say.  You will, I am determined.

Umkomaas

I think they've just missed out on meeting the 14 day deadline to comply with PoFA, falling foul of the August Bank Holiday Monday in the day count!

Obviously realised, which would have passed over the heads most of the knuckle-draggers, and therefore not attempting to pursue the keeper. So there's some degree of administrative efficiency on show.

But @suckyfish, you're going to have to be very careful in what you say in your WS in order not to inadvertently identify the driver. 

Coupon-mad

But he wasn't driving so can be open about it.

Umkomaas

Coupon-mad said:

But he wasn't driving so can be open about it.

That's good, the best position to be in when arguing no keeper liability. 

suckyfish

Ok so I've taken a stab at adding in the keeper liability stuff. It's in my own words, (with quotations obviously) so I'm expecting some notes haha

https://drive.google.com/file/d/15F2lgMsA0w7_g47mmY5NZbA6Fk4lfo_9/view?usp=sharing

suckyfish

So I had my telephone hearing yesterday and case dismissed!! I got awarded the £95 as well which is just the icing on the cake. Thank you all so much for your help. 

Coupon-mad

Very good news!

Which court and Judge, and what was said by the Judge and the claimant's rep?

Umkomaas

Super result, well done. It will really help us and others (who will undoubtedly follow in your footsteps) to have some idea of how it panned out on the day, as per @Coupon-mad's request above. 

Nice one! 🥂