Defence review requested following Claim Form - Am keeper but not driver

Coupon-mad

I'd offer £100 now. I can't see you winning.

Car1980

Your problem is that the signs look pretty prominent to me on Streetview. Saying you're Scottish and do not pay for parking just makes it sound like an admission that you didn't look.

I was "hoping" (from a case winning perspective) the witness statement would say there was some sort of medical issue that prevented payment. 

bagold

Coupon-mad said:

I'd offer £100 now. I can't see you winning.

I should write to Parkingeye direct at their email address? Would something like this be OK "Before claim number xxxx proceeds to County Court I propose a full and final settlement of £100 from myself. Please advise acceptance or otherwise. Best regards."

Coupon-mad

Head it:

WITHOUT PREJUDICE, SAVE AS TO COSTS

bagold

Its been almost a week since I sent my offer of £100. I guess I'd better start writing my Witness Statement in case I don't hear from them. In this case should I mention in my WS that I offered £100 without prejudice?

Gr1pr

No, but you could say that you have tried to settle the claim in writing,  to save it going to a hearing,  without a suitable resolution 

Coupon-mad

bagold said:

Its been almost a week since I sent my offer of £100. I guess I'd better start writing my Witness Statement in case I don't hear from them. In this case should I mention in my WS that I offered £100 without prejudice?

Not allowed.

bagold

Coupon-mad said:

bagold said:

Its been almost a week since I sent my offer of £100. I guess I'd better start writing my Witness Statement in case I don't hear from them. In this case should I mention in my WS that I offered £100 without prejudice?

Not allowed.

Not even this? "..tried to settle the claim in writing,  to save it going to a hearing,  without a suitable resolution "

Gr1pr

It was done,  without prejudice,  without prejudice to either side, inadmissible,  or as coupon mad clearly stated 

Not allowed 

bagold

This is the Witness Statement I have written. Please feel free to comment/correct.

I am X, of XXX, and I am the Defendant in this matter, and will say as follows.

Attached to this statement is a paginated bundle of documents marked ……. to which I will refer.

 

1. The facts in this statement come from my personal knowledge. Where they are not within my personal knowledge, they are true to the best of my information and belief.

 

Facts and Sequence of events:

 

2. I confirm that I am the Registered Keeper of the vehicle in question on the 23 July 2024 and thereafter date.

 

3. .  The Defendant was not the driver of the car on 23 July 2024 which is the date of issue of Parking Charge (reference 577810/977034). In fact, the defendant did not have access to the vehicle with registration PlnnllR when this vehicle was lent to a third party between 10 July 2024 and 21 August 2024 for the entirety of this time period. 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.

The Defendant’s Daughter was in fact driving the car that day. She used the car park at Barnet Hospital that day to take her ill daughter to Accident & Emergency. She says the signs were not prominent when the alleged infringement occurred between 21:40 till 22:53 after sunset.  See witness statement ……..

 

d. 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.

 

 

Statement of truth:

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.