private parking charge

KeithP

2022jjp said:

...I have court date 12/05/22     

That's this Thursday.

But you make no mention of having filed and served your Witness Statement and evidence. 
Have you?

Coupon-mad

Have you provided your evidence of not being the driver?  Has the court & Claimant got it?  You can't just rock up to a hearing with it.  Is the hearing in person or by phone?

Do you understand how to explain to the Judge that this is definitely (because it is) a non-POFA PCN?  Someone here managed to lose a case last year because they couldn't point out the 'spot the differences' between para 9 of Schedule 4 and a Highview postal PCN, even though it's really easy when you compare.

Clue: 9(2)f isn't there.  No warning of keeper liability because there is no attempt at it.

2022jjp

yes have a letter from employee sent to court and claimant

2022jjp

i have told them i was not driving and that i don't know who was so they should be trying to get the money off the keeper this is what they said    . With reference to paragraph 3, the Defendant refers to the ‘Protection of Freedoms Act 2012’ As previously explained in my previous statement dated 01/02/2022, the Defendant is pursued as the Driver and my Company does not seek to rely on POFA.

Le_Kirk

2022jjp said:

yes have a letter from employee sent to court and claimant

Hopefully you sent more than that and you did a full WS backing up and supporting your defence and signed it with a statement of truth!

i have told them i was not driving and that i don't know who was so they should be trying to get the money off the keeper this is what they said    . With reference to paragraph 3, the Defendant refers to the ‘Protection of Freedoms Act 2012’ As previously explained in my previous statement dated 01/02/2022, the Defendant is pursued as the Driver and my Company does not seek to rely on POFA.

Aren't you the keeper?  Did you mean driver?

2022jjp

I have just had a phone call saying that a judge is not available tomorrow and that they will give me notice of new date and she said it will not be for some time. Can I add to my defence as they have added additional statements after to counter my evidence 

Umkomaas

Can I add to my defence as they have added additional statements after to counter my evidence 

Only if you pay £275 to the court. You can however submit a supplementary Witness Statement (for free) - copy to your allocated court and the claimant's solicitors. 

Coupon-mad

Show us the Supplementary WS first, but also we need to see what WS you already sent, please.

2022jjp

I had a statement from my employee to say i was working but he has not done the statement of  truth can i have him correct this same statement but the  statement of truth put in and signed.  where would i send this to you without anyone else or dcbl reading it
court case october 2022 

Fruitcake

Get your employer to repeat the statement that you were working with the statement of truth added, and of course signed and dated.

Showing it here will do no harm, and if the PPC or their agent sees it, it may convince them to withdraw the claim.

Have you got your head around the PoFA, and how the keeper cannot be held liable? This is absolutely fundamental to your case. You must understand it and include it in a supplementary witness statement along with your additional exhibits that will include a copy of the NTK, and the letter from your employer.