Received a letter from court.

TM74

I missed that duh.

Thanks so much Keith .

TM74

The SAR came back; 

Date of alleged case was 13/11/16.

They have provided 3 letters that were sent out showing alleged overstay by 25 mins of a 90 min CP

Letters were dated 23/11/16, 12/12/16, and 29/12/16.

Exit time shows just before 10pm a time when no shops are open and car park is derelict with lights turned off, it's basically in darkness and empty.

Also as alleged ex vehicle suffered a minor mechanical breakdown in terms of a flat tyre upon returning within the allowed time frame it appears this caused the access overstay by aprox 25 mins, also it was initially thought it was a flat battery but having checked records it was the above.

They also wrote this in the reply -

'We can confirm that your name and address details, along with details of the outstanding Charge, were passed to Debt Recovery Plus Ltd and Direct Collection Bailiffs Ltd who are our Collection Agents on the 27/01/2017 and 13/12/2019 respectively for the purposes of recovering the outstanding amount on the Charge.'

I've looked at the DS In the newbies and will be adopting it but obs changing sections 2.

Thoughts on this, all help appreciated as ever ! 

TM

Coupon-mad

I just edited the Template defence to cover the new Code of Practice and the fact that added costs are banned.  You can be one of the first to use it.

With Highview, don't admit to driving because they don't use the POFA.  A challenge to 'keeper liability' is already in the template now but to cover that more in your point #3, copy any other Highview defence facts section (we had loads in May 2021)., 

TM74

Oh thanks CM, can you tell me what number the new code of practice is ( just so I know I have the correct template.

So in my defence do I always go down " the Defendant alleged ' without naming myself ? I was always under the impression that the defence part is where names had to be mentioned ? 

Trainerman

Witness Statement is "I this, I that ". Defence is "The Defendant paid" or "The Defendant saw" etc etc

KeithP

Is it wise for the Defendant to admit being the driver?

Do you know that a keeper has far more protection in law than an admitted driver?

You will have read in the NEWBIES thread that a Claimant has to conform to the strict requirements of POFA in order to transfer any driver's liability to a keeper.

TM74

Back to the drawing board but I was under the impression I had to put in an account as to what happened ...in section 3.0

TM74

How about this added to Coupons Mad template section 3

Preliminary

1. The Particulars of Claim lack specificity and are embarrassing. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars.

2. The Particulars of Claim fail to refer to the material terms of any contract and neither comply with the CPR 16 in respect of statements of case, nor the relevant practice direction in respect of claims formed by contract or conduct. The Defendant further notes the Claimant's failure to engage in pre-action correspondence in accordance with the pre-action protocol and with the express aim of avoiding contested litigation.

Background

3. It is admitted that at all material times the Defendant is the registered keeper of vehicle registration mark XXZZZ which is the subject of these proceedings. The vehicle was insured with [number] of named drivers permitted to use it.

4. It is admitted that on [date] the Defendant's vehicle was parked at [location]

5. It is denied that the Defendant was the driver of the vehicle. The Claimant is put to strict proof.

5.1. The Claimant has provided no evidence (in pre-action correspondence or otherwise) that the Defendant was the driver. The Defendant avers that the Claimant is therefore limited to pursuing the Defendant in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 ("POFA")

5.2. Before seeking to rely on the keeper liability provisions of Schedule 4 POFA the Claimant must demonstrate that:

5.2.1. there was a ‘relevant obligation’ either by way of a breach of contract, trespass or other tort; and

5.2.2 that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to the registered keeper.

It is not admitted that the Claimant has complied with the relevant statutory requirements.

To the extent that the Claimant may seek to allege that any such presumption exist, the Defendant expressly denies that there is any presumption in law (whether in statute or otherwise) that the keeper is the driver. Further, the Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have made such requirements part of POFA, which makes no such provision. In the alternative, an amendment could have been made to s.172 of the Road Traffic Act 1988. The 1988 Act continues to oblige the identification of drivers only in strictly limited circumstances, where a criminal offence has been committed. Those provisions do not apply to this matter.

---------

This added, would it work ? 

Coupon-mad

No.

1 and 2 about the POC are already covered by the exact same idea in my template, para 4 or 5 or thereabouts.

And you know the Template Defence warns very clearly only to DENY being the driver if that's true?

Your first version was the honest one, wasn't it?   You can't lie in a court defence.

TM74

The first version is the events as to what happened so I put that in..but it's almost like a witness statement. 

I am.getting a bit confused about what I add in section 3 now or more how do I word it and incorporate it into your template.

Do.I just go with my own above but remove I this I that for section 3