POFA 2912 keeper liability

Le_Kirk

jaydee121 said:

Ok I will do now. Checked mcol and no judgement it just says continue defence, as I started but didn’t finish or submit defence as I thought I should get advice from you first.  Can I ask why I can’t continue my defence on mcol??why it should be read only??

Do NOT put anything in that defence box on MCOL.  Use the e-mail address in the NEWBIE sticky and the defence template thread.  When you have done that you can read, at your leisure why not to use the MCOL box!

jaydee121

Thanks Le_Kirk and Coupon mad. So I will email my defence today to CCBCAQ@Justice.gov.uk

my defence is

Begin

1) keeper is not liable because the ntk was only posted on day 14 so couldn’t have been delivered to keeper by day 14 especially as day 14 was a Friday. 
2) signage was inadequate to show anyone using the car park that the limit had been changed from 3 hours to 2 hours because the existing sign for 3 hours limit only had a temporary number  2 stuck over number 3 on signs and in particular the clock face still  had shading over a quarter of the face indicating 3 hours limit making sign misleading and appear to say 3 hours limit

End

Advice please. Can you confirm that I do not need to include anymore detail or photos at this stage as that comes in the witness statement.?? And do I actually need to put in defence 2)at all ??? since the claim should be thrown out of court because of my defence sentence 1) late delivery of ntk??? Right??

Finally should I mention that previously this parking company’s identical claims for exceeding 2 hours in exact same car park have already been rejected by the same court that I will use, on identical grounds of late delivery of ntk and inadequate signs. 

Coupon-mad

That is not an adequate defence.  Stop!

the claim should be thrown out of court because of my defence sentence 1) late delivery of ntk??? Right??

Wrong.

KeithP

Another day lost.
Another day when the Claimant could've easily sought a Default Judgment. Maybe they did.

Coupon-mad

The template defence is at the top of the forum.  Use it tonight.  We did already tell you this:

plonk all that into the template defence, sign/date and email it to the CCBC and you are done, for this stage.

.

jaydee121

Adding to my list above. The newbies thread says use defence template posted by coupon (2.57am March 9th).That has 26 long paragraphs. I will leave paragraph 2 as is and put my own 2 defence sentences in at paragraph 3.  Can I check that I should also submit every other of the 26 paragraphs?? I know I must end with statement of truth. 

Sorry to ask so many questions I am just scared of messing up this stage….

Coupon-mad

Yes - phew - that is correct. Your post read as though you were going to email one or two paragraphs.

Given it is now gone 4pm so the court working day is over, see what comments you get tonight and don't email it till 9am tomorrow.

I hope they have not already sought default judgment but the above timing will make no difference now.

jaydee121

Thanks Keith and Coupon. I checked mcol today at 4pm and again just now. Transactions listed are claim 25/3 , aos submitted 16/4 acknowledged 19/4. so no default judgement yet. I will do as you say, wait for any more replies tonight Eg about whether to add previous court rejection when identical situation, and then email at 9 am. 

Curious though why a late ntk isn’t an automatic rejection for keeper liability - 
thanks Jaydee

Coupon-mad

Because there is no automatic win.  You might get a Judge who has never looked at POFA and assumes PPCs can always just hold a keeper liable.

We saw a case last year that was non-POFA and the Defendant had evidence they were not driving but a bad Judge just ignored all that and the person lost.  Maybe they didn't explain keeper liability well to the Judge.

It is a gamble who you get and the law is what you take into the court room.  Argue it properly and a judge should get it, unless they decide you were driving anyway.  Never lie if asked, of course.

jaydee121

So just before I email can I check that I send all 26 paragraphs of the template defence without any adjustments except for paragraph 3 which is my facts. Should I post here my facts for you to check that I haven’t shot myself in the foot??
thanks again people