Highview parking County Court Claim SAR and Defense advice - reduced timeframe due to postal error!

Grizebeck

Le_Kirk said:

As this is a witness statement, it should be providing back-up and support, with evidence, to your defence.  As you state in your defence you were not the driver (on 3 occasions?) you should provide evidence as to where you were on those days, in  a meeting for which your employer can provide a witness statement, use Google timeline or similar.

No i disagree , there is no need to provide evidence that you were not driving and in my experience with many of these cases in front of various judges it is not called for or warranted.

Your claim of not being the driver on a witness statement and accompanied by a statement of truth is enough "evidence" as that is your written evidence.  As long as you come across and honest and competent in front of a judge you wont have an issue with this. 

Now don't be surprised if the other side question on this,  You can simply advise you were not the driver on those occasions.  The claimant has no evidence you were driving but your statement you were not and your insurance certificate ( I believe i saw) covers you here.

KellfromHell

Grizebeck said:

Le_Kirk said:

As this is a witness statement, it should be providing back-up and support, with evidence, to your defence.  As you state in your defence you were not the driver (on 3 occasions?) you should provide evidence as to where you were on those days, in  a meeting for which your employer can provide a witness statement, use Google timeline or similar.

No i disagree , there is no need to provide evidence that you were not driving and in my experience with many of these cases in front of various judges it is not called for or warranted.

Your claim of not being the driver on a witness statement and accompanied by a statement of truth is enough "evidence" as that is your written evidence.  As long as you come across and honest and competent in front of a judge you wont have an issue with this. 

Now don't be surprised if the other side question on this,  You can simply advise you were not the driver on those occasions.  The claimant has no evidence you were driving but your statement you were not and your insurance certificate ( I believe i saw) covers you here.

This is my updated version:

"As stated in my defence, I am the registered keeper of the vehicle (REG PLATE HERE), however, I am unable to recall who the driver(s) on the specified days were. This was a period where my family were visiting during my exam period so during the daytime, I was studying at home and did not have the car. There are 3 drivers on the insurance (reference to Exhibit 01) at the time, not including family who through their insurance could also use the car, so it is unknown who was driving. I am willing to provide oral evidence to this fact. Charge liability cannot be transferred from the driver to the registered keeper on a non-compliant PoFA PCN"

Is this enough detail in your opinions?

Grizebeck

KellfromHell said:

Grizebeck said:

Le_Kirk said:

As this is a witness statement, it should be providing back-up and support, with evidence, to your defence.  As you state in your defence you were not the driver (on 3 occasions?) you should provide evidence as to where you were on those days, in  a meeting for which your employer can provide a witness statement, use Google timeline or similar.

No i disagree , there is no need to provide evidence that you were not driving and in my experience with many of these cases in front of various judges it is not called for or warranted.

Your claim of not being the driver on a witness statement and accompanied by a statement of truth is enough "evidence" as that is your written evidence.  As long as you come across and honest and competent in front of a judge you wont have an issue with this. 

Now don't be surprised if the other side question on this,  You can simply advise you were not the driver on those occasions.  The claimant has no evidence you were driving but your statement you were not and your insurance certificate ( I believe i saw) covers you here.

This is my updated version:

"As stated in my defence, I am the registered keeper of the vehicle (REG PLATE HERE), however, I am unable to recall who the driver(s) on the specified days were. This was a period where my family were visiting during my exam period so during the daytime, I was studying at home and did not have the car. There are 3 drivers on the insurance (reference to Exhibit 01) at the time, not including family who through their insurance could also use the car, so it is unknown who was driving. I am willing to provide oral evidence to this fact. Charge liability cannot be transferred from the driver to the registered keeper on a non-compliant PoFA PCN"

Is this enough detail in your opinions?

No 
You need to state you were not the driver if your using this at all.
You can say.  I was not the driver on the occasions the PCNS were issued ( and add brief bit not about the insurance and the sentence at the end is fine , but i would add "As confirmed on many occasion the claimant where they quite clearly state they do not use POFA"

KellfromHell

Coupon-mad said:

With the BPA CoP (even an excerpt) and the other exhibits including your insurance policy from that year, you are going to have to print it all.  Maybe at a print shop, where you can get a durable paper receipt (print 3 bundles, one is for you) and buy TWO ring binders.

DON'T give the Claimant a ring binder version. That's for you and the Judge!

ALL pages must be numbered.  

Have the receipts and proof of your loss of leave/salary with you for the hearing. Attach what you can to your costs assessment and break down the hours you've spent on this matter, at £19 per hour. Or more ph, if your hourly rate is higher and you can prove it.

Don't forget this full costs assessment in your bundle you are posting, and how to argue the Dammerman 'unreasonable conduct' argument, to try to persuade the Judge that you deserve more than just your 'fixed costs'.  Helpfully, Highview's own WS (near the end) hands you the right CPR to cite about being granted further costs.

Also state (if you are of a mind to...) that if the Claimant should now discontinue at this very late juncture, AFTER seeing your evidence bundle that has cost time and money to research, prepare and print, you require the hearing not to be vacated and instead to hear the matter of costs.

Cite the bit about the WHITE BOOK annotation, that's in this forum's Template Defence, at the bottom...

(You can email the bundle to the Claimant, if you prefer not to post that).

On the Dammermann points, I think I have done this correctly - paras 70 to 75 in my WS, do you know of any WS that make good use of this for comparison? My hourly rate is £19/h but my time was approx 90 hours on this so the costs are approx. £1800 for my time (which is nearly double the claim) I'm assuming this is too much to claim?

KellfromHell

Grizebeck said:

KellfromHell said:

Grizebeck said:

Le_Kirk said:

As this is a witness statement, it should be providing back-up and support, with evidence, to your defence.  As you state in your defence you were not the driver (on 3 occasions?) you should provide evidence as to where you were on those days, in  a meeting for which your employer can provide a witness statement, use Google timeline or similar.

No i disagree , there is no need to provide evidence that you were not driving and in my experience with many of these cases in front of various judges it is not called for or warranted.

Your claim of not being the driver on a witness statement and accompanied by a statement of truth is enough "evidence" as that is your written evidence.  As long as you come across and honest and competent in front of a judge you wont have an issue with this. 

Now don't be surprised if the other side question on this,  You can simply advise you were not the driver on those occasions.  The claimant has no evidence you were driving but your statement you were not and your insurance certificate ( I believe i saw) covers you here.

This is my updated version:

"As stated in my defence, I am the registered keeper of the vehicle (REG PLATE HERE), however, I am unable to recall who the driver(s) on the specified days were. This was a period where my family were visiting during my exam period so during the daytime, I was studying at home and did not have the car. There are 3 drivers on the insurance (reference to Exhibit 01) at the time, not including family who through their insurance could also use the car, so it is unknown who was driving. I am willing to provide oral evidence to this fact. Charge liability cannot be transferred from the driver to the registered keeper on a non-compliant PoFA PCN"

Is this enough detail in your opinions?

No 
You need to state you were not the driver if your using this at all.
You can say.  I was not the driver on the occasions the PCNS were issued ( and add brief bit not about the insurance and the sentence at the end is fine , but i would add "As confirmed on many occasion the claimant where they quite clearly state they do not use POFA"

Thank you for your comments!

"As stated in my defence, I am the registered keeper of the vehicle (REG PLATE HERE)), however, I was not the driver on the specified days were nor do I know who was. There are 3 drivers on the insurance (reference to Exhibit 01) at the time, not including family who through their insurance could also use the car, so it is unknown specifically who was driving. I am willing to provide oral evidence to this fact. Charge liability cannot be transferred from the driver to the registered keeper on a non-compliant PoFA PCN. As confirmed on the many occasions where the Claimant clearly states they do not use POFA."

I think this is much better (do you agree?)

Grizebeck

@KellfromHell

That is spot on and will do nicely

1505grandad

An observation:-

".......however, I was not the driver on the specified days (were) nor do I know who was."

Is (this) not needed?

Coupon-mad

Looks great. Saw two typos:

CPA instead of BPA somewhere early on!

And the unreasonable behaviour costs section near the end of the attachments states some dates back in Feb and March that make no sense to me, because you didn't do this WS back then? 

KellfromHell

Coupon-mad said:

Looks great. Saw two typos:

CPA instead of BPA somewhere early on!

And the unreasonable behaviour costs section near the end of the attachments states some dates back in Feb and March that make no sense to me, because you didn't do this WS back then? 

Thanks for the spot! 

The Feb/Mar ones were for my defence, should i remove this from the submission?

KellfromHell

1505grandad said:

An observation:-

".......however, I was not the driver on the specified days (were) nor do I know who was."

Is (this) not needed?

thank you, yeah I think this is redundant