PCN from UKCPM Gladstone - URGENT help with witness statment

Coupon-mad

I think it's too long.

Remove this, it looks worse for you as it makes the Judge think why is your car even on site, if you don't have a permit:

"We are still waiting for parking space allocated to us by managing agent L&Q."

I also see no point in citing keeper liability under the POFA because:

(a). surely you are likely to have been driving (you haven't said otherwise in para 2) and

(b). UKCPM tend to be POFA-compliant so they probably can hold the keeper liable anyway.

I think all that's a non-starter that detracts from the message that should be higher up: that you were likely to be driving (yes?) and had permission AND in some cases were just unloading.  Predatory tickets were issued within minutes.  No grace period.  No contractual parking terms breached or agreed. Jopson (appeal) is persuasive.

If you used the Template Defence then half that end section is already in your defence.  Is it?  If so, remove repetition.

Can you quickly get a witness statement from the chap who gave you permission?  It is hearsay.

Brightlinks

"We are still waiting for parking space allocated to us by managing agent L&Q." - removed

I also see no point in citing keeper liability under the POFA because:

(a). surely you are likely to have been driving (you haven't said otherwise in para 2) and - I now mentioned that in first para that car insured with 2 named drivers - actual I was not the driver.

(b). UKCPM tend to be POFA-compliant so they probably can hold the keeper liable anyway.

I think all that's a non-starter that detracts from the message that should be higher up: that you were likely to be driving (yes?) and had permission AND in some cases were just unloading.  Predatory tickets were issued within minutes.  No grace period.  No contractual parking terms breached or agreed. Jopson (appeal) is persuasive.

If you used the Template Defence then half that end section is already in your defence.  Is it?  If so, remove repetition.

Can you quickly get a witness statement from the chap who gave you permission?  It is hearsay. - They are now left after pandemic they closed down and moved.

Please advise which Para need to remove.

Thanks

Brightlinks

as per below image, residents still parking because now the clinic is closed down, One day I spoke to guy from UKCPM and he advised that they do not give a ticket to car parked with in the clinic boundary.

B789

Brightlinks said:

1.    I confirm that I am the Registered Keeper of the vehicle in question on the June 2020 and thereafter date.

[Pedant mode ON]

What has the "thereafter date" got to do with the price of eggs in China?

[Pedant mode OFF]

Coupon-mad

Brightlinks said:

as per below image, residents still parking because now the clinic is closed down, One day I spoke to guy from UKCPM and he advised that they do not give a ticket to car parked with in the clinic boundary.

Because there are no signs.

Just remove the POFA stuff.

Admit to driving if it was you.

Brightlinks

Because there are no signs.

Just remove the POFA stuff. - Removed

Admit to driving if it was you. - No it wasnt me

Brightlinks

B789 said:

Brightlinks said:

1.    I confirm that I am the Registered Keeper of the vehicle in question on the June 2020 and thereafter date.

[Pedant mode ON]

What has the "thereafter date" got to do with the price of eggs in China?

[Pedant mode OFF]

Till date.

Coupon-mad

Brightlinks said:

Because there are no signs.

Just remove the POFA stuff. - Removed

Admit to driving if it was you. - No it wasnt me

Then deny driving and say how you know it wasn't you.

Brightlinks

Coupon-mad said:

Brightlinks said:

Because there are no signs.

Just remove the POFA stuff. - Removed

Admit to driving if it was you. - No it wasnt me

Then deny driving and say how you know it wasn't you.

Below is my 1st para

1.    I confirm that I am the Registered Keeper of the vehicle in question on the June 2020 to till date. The Vehicle is insured with 1st Central Insurance with 2 of the named drivers permitted to use it.

Brightlinks

Brightlinks said:

Because there are no signs.

Just remove the POFA stuff. - Removed

Admit to driving if it was you. - No it wasnt me

Hi 
Shall I remove below para ?
The claimant has offered nothing in the way of evidence as to the identity of the driver and if they wish to pursue the Defendant as driver rather than keeper, then they must produce strict proof.
a. In light of this, the claimant may only pursue the defendant as keeper of the vehicle in strict adherence to the stipulations outlined by Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012).
b. It is averred that the claimant has failed to do this on numerous points
c. Furthermore, the claimant may allege that there is a reasonable presumption that the registered keeper was also the driver, allowing them to circumvent the regulations of POFA 2012. The defendant expressly denies that there is any presumption in law that the keeper is the driver. The defendant denies that the keeper is obliged to name the driver to the private parking firm. POFA 2012 makes no such requirement for a keeper to do this.
i. The claimant may seek to rely on the findings of Elliot V Loake (1982) in alleging that the keeper can be presumed to have been the driver. In this criminal case, forensic evidence was produced to a criminal standard. Therefore, the same logic can absolutely not be applied in this instance