JLA No Stopping ticket from 2019

Redx

salavaria said:

Redx said:

Do the AOS ASAP , if the issue date was 24th November , no later than 19 days from the issue date ( you have 14 + 5 days actually )

Email a reminder SAR to the DPO at VCS , giving them 7 days to reply due to their incompetence , or you will report them to the ICO for a breach of GDPR

Given that they failed to send me a SAR within the 30 days I requested it (I submitted a request on 21 September), is it a good idea to simply refer to their failure in my defence, to highlight their inadequacies, rather than give them a second chance to deliver?

It's not a good Defence point unless you can show extra attempts were made after the 30 days was up , you need to show unreasonable behaviour , so multiple requests that failed to provide the data , the ICO would expect it , a judge would expect it , I would expect it

Not doing so could be used against you , meaning it could backfire

One failure does not show a pattern

salavaria

I'm about to adapt the defence template. Where it says:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

I have not admitted liability, but do I need to do so now, or just keep referring to 'the driver'? I thought it was important to make sure the identity of the driver was undisclosed.

Thanks for your input and patience with all of this.

Le_Kirk

You don't admit liability; why would you?  It is important to not name the driver or admit to being the driver if a) it is true and b) if the original PCN/NTK is not POFA compliant.  The keeper has more protection in law than a driver.  You are defending as Keeper.  You may or may not be the driver; since we haven't seen your defence paragraphs 2 & 3 yet, we don't know.  Just read a few other defences to give you a guide as to style, content and format.  There are several posted every day.

Coupon-mad

Of course you deny liability!

That has nothing whatsoever to do with whether you are saying who was driving.  In most cases defendants should say if they were the driver.  Liability for the parking charges and false added costs is still denied, of course.

salavaria

Coupon-mad said:

Of course you deny liability!

That has nothing whatsoever to do with whether you are saying who was driving.  In most cases defendants should say if they were the driver.  Liability for the parking charges and false added costs is still denied, obviously.

But then how can I provide a defence? It was late, there was a child being picked up, the car wasn't parked on double lines, it was dark, etc... how can I claim that if I wasn't there?

KeithP

salavaria said:

Coupon-mad said:

Of course you deny liability!

That has nothing whatsoever to do with whether you are saying who was driving.  In most cases defendants should say if they were the driver.  Liability for the parking charges and false added costs is still denied, obviously.

But then how can I provide a defence? It was late, there was a child being picked up, the car wasn't parked on double lines, it was dark, etc... how can I claim that if I wasn't there?

Here's a couple of ideas....
Perhaps you heard from the driver what happened?
Or perhaps you were a passenger in the car and actually saw what happened?

No-one suggested that you weren't there, and of course you cannot deny being there if you actually were there.

salavaria

Thank you... So someone else's story would be admissable on the defence I submit? If I was the passenger couldn't I be asked to identify the driver? I'm just a little confused. Maybe I'm overthinking this. 

KeithP

salavaria said:

Thank you... So someone else's story would be admissable on the defence I submit? 

It's your story...
The driver told me blah... blah...

Or
Being a passenger in the car, I saw...

But whoever's 'story' it is, that comes as part of the Defendant's Witness Statement.

The Defence is where you write all you legal arguments. Well... not really, as most of them have already been written for you.

salavaria

Okay. I've written the defence. Is it okay to post it here for feedback?

KeithP

salavaria said:

Okay. I've written the defence. Is it okay to post it here for feedback?

It does say in the opening post of the template Defence thread...

Start a new discussion about your own case if you haven't already and show us your draft defence based on this one.

Yes, post those paragraphs of your Defence that are different to the template Defence.