Gatwick Airport - Drop Off Parking Defence

Brie

qwertyoffice said:

I tried using my girlfriends card at the time but their website was down!  

Don't let your girlfriend's bank find out else she is breaking the bank's T&Cs.

Le_Kirk

Don't forget to add the rest of the template defence back in before sending it!

qwertyoffice

Le_Kirk said:

Don't forget to add the rest of the template defence back in before sending it!

Yes I have sent it now with the other paragraphs from the template in place, I hope it was ok. Thank you

Coupon-mad

In your WS (before the hearing) you need to explain that you can't be held liable because you didn't drive the vehicle into the zone nor park it (unless you were dropping the vehicle off?).

I read it that the Meet & Greet guys brought the vehicle into the zone & brought it to a halt.  You can't be liable, if so.

qwertyoffice

Coupon-mad said:

In your WS (before the hearing) you need to explain that you can't be held liable because you didn't drive the vehicle into the zone nor park it (unless you were dropping the vehicle off?).

I read it that the Meet & Greet guys brought the vehicle into the zone & brought it to a halt.  You can't be liable, if so.

I have submitted it now as I had to get it in before 4pm so guess it’s too late to amend? 

Fruitcake

It's too late to amend your defence, but you can explain in detail what happened and who drove the vehicle into the drop off zone, if relevant, in your WS.

Coupon-mad

qwertyoffice said:

Coupon-mad said:

In your WS (before the hearing) you need to explain that you can't be held liable because you didn't drive the vehicle into the zone nor park it (unless you were dropping the vehicle off?).

I read it that the Meet & Greet guys brought the vehicle into the zone & brought it to a halt.  You can't be liable, if so.

I have submitted it now as I had to get it in before 4pm so guess it’s too late to amend? 

I didn't say to put in your defence, as I realised it was too late for including at this early stage.

I would have done, had there been time.  To me, when browsing your latest posts today it jumped straight off the page that you weren't the keeper (POFA definition), if a third party company was in charge of the vehicle that week AND CRUCIALLY the breach was theirs, at the material time.

Unfortunate that you missed the relevance of the 'slam dunk' legal point that makes you not liable.  Luckily for you, the Template Defence sort of covers 'lack of keeper liability' in passing, further down - but only generically.  You needed these facts in the defence really, but too late now.

It can go in your WS along with an extra evidence exhibit, showing which company was the 'keeper' (POFA definition) at the point the car entered the zone and parked.

Clue: the KEEPER at that moment wasn't you.

This really should have been in the defence but better late than never. You can't amend the defence now.

Read the NEWBIES thread to fully prepare for each and every stage and please don't come back with just a few days to look at your WS bundle.  Read threads by:

@Daiapolon2021

@aphex007

...for 2022 examples of a WS bundle including the usual exhibits, but obviously you must add the extra point.

Fruitcake

You could tell the claimant and their solicitor as a gesture of goodwill now that you were neither the driver nor keeper and therefore you cannot be held liable. You have told them this as a courtesy so they don't pursue a pointless claim, and don't end up unnecessarily paying the hearing fee.

As long as you don't say something daft like, "without prejudice" you can then show to the judge if it gets that far that you tried to be reasonable to prevent an unnecessary hearing.

Coupon-mad

Good idea, U.

qwertyoffice

Hi all,

I have received the attached letter from BW legal and it seems they are clocking on to defences submitted that are copied and pasted from your content provided! 

Would appreciate some advice on my next step.  Thank you