Not the driver or keeper, driver now living abroad

KeithP

Slainte1 said:

3.6 The defendant confirmed, by revisiting on foot...

I would change that to...

The defendant confirmed, by visiting on foot...

At the moment it is saying that the Defendant has been there before - maybe driving.

Slainte1

Thanks.  I’ve been back three times since the POC 😊. 40 mile round trip each time 😟

KeithP

Your paragraph 3.7 is superfluous. That point is made in paragraph 1 of the template defence.

Suggest you use plain numbering.
I.e. your paragraphs 3.1, 3.2, 3.3, 3.4, 3.5 and 3.6 are renumbered as 4, 5, 6, 7, 8 and 9 and subsequent paragraphs are also renumbered to continue that sequence.

Slainte1

I am also proposing to change para 13 of the template to reflect that the Code and Act are on hold

     Whilst the proposed new Code and Act is not likely to be applied retrospectively, it is in the process of being enacted due to the failure of the self-serving BPA & IPC Codes of Practice.  The Minister is indisputably talking about existing (not future) cases when declaring that 'recovery' fees were 'designed to extort money'.  A clear steer for the Courts.

KeithP

Slainte1 said:

2. It is admitted that the Defendant was the registered keeper of the vehicle, but was not the driver and was not the keeper of the vehicle.

Add "on the day of the alleged parking event" to the end of that sentence.

Slainte1

@KeithP thank you so much for your contributions 

Coupon-mad

"and was not the keeper of the vehicle".

I think you need to explain what you mean.  A busy Judge, whose head isn't as full of parking law as ours here(!) won't know the difference between registered keeper and 'keeper'.

Or just remove that phrase & explain it later in the WS.

Le_Kirk

3.1 They were unaware upon entering that this was a chargeable carpark. However when they became aware, due to the lack of change for the pay and display machine, the driver and passenger undertook to find change from a nearby retail establishment. It is also understood that they returned as quickly as is reasonable and left the car park

You don't say that the driver returned with the change and purchased a ticket or could not obtain any change and left the car park with the car  ...........

Slainte1

Le_Kirk said:

3.1 They were unaware upon entering that this was a chargeable carpark. However when they became aware, due to the lack of change for the pay and display machine, the driver and passenger undertook to find change from a nearby retail establishment. It is also understood that they returned as quickly as is reasonable and left the car park

You don't say that the driver returned with the change and purchased a ticket or could not obtain any change and left the car park with the car  ...........

I don’t have time to change it now as it’s about to be sent and I intended for the driver to provide me with a statement once the SAR material is provided. If you say it’s critical I’ll amend it 

Slainte1

Ok I’ve changed it. They were unable to obtain change