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Hi all,
I am new to this forum, I have been contesting a parking charge from 2019 using advice from a different forum. I am now at the Witness Statement stage of a small claims track due in a few days.
Please find attached link to redacted case files DropBox Link.
I have a few case points I would like your advice on:
1."The Defendant admits to being the Registered Keeper, but they deny driving. My Company reasonably believes that the Defendant was the Driver because they would otherwise have nominated a driver, and therefore the Defendant is pursued on that basis. My Company has complied with POFA and can pursue the Defendant as Keeper in the alternative."
The defendant is the registered keeper but was not the keeper/driver on date. This can be evidenced.
2. Their own photos do not clearly indicate whether my car was within the boundary they themselves have marked on their plan. Nor do they indicate the alleged position of my vehicle within that plan. Given the obscure and poorly marked demarcation between the areas (indicated in my photo) this does not seem fair.
3. My email to the landowner (the same individual who has signed the landowner agreement) raises the issue that there is clearly a conflict between the two properties adjacent to one another. In my defence I have said I was instructed to park in this location and their email corroborates this likelihood. The small disclaimer sign (photographed) is the only indication of the difference between the two adjacent properties and is unlikely to have been seen. This further supports my argument that I followed the instructions on where to park - I had no reason to believe I was not authorised to park in that location and therefore did not willingly/knowingly enter into any any contract.
4. The signs are set back on away from the car park and are not illuminated. Given the multiple cars parked obscuring their presence, and inclement weather conditions and my true belief I was authorised to park where instructed and my focus being on unloading the equipment and performing my role I did not see them at the time. Although i realise this is a weak defence, despite being the truth ...
I haven't actually started the WS bundle yet. I was hoping for some pointers from yourselves on what best to summarise from my defence and any obvious weak spots in their own WS given the circumstances.
Any assistance is much appreciated.
I am new to this forum, I have been contesting a parking charge from 2019 using advice from a different forum. I am now at the Witness Statement stage of a small claims track due in a few days.
Please find attached link to redacted case files DropBox Link.
I have a few case points I would like your advice on:
1."The Defendant admits to being the Registered Keeper, but they deny driving. My Company reasonably believes that the Defendant was the Driver because they would otherwise have nominated a driver, and therefore the Defendant is pursued on that basis. My Company has complied with POFA and can pursue the Defendant as Keeper in the alternative."
The defendant is the registered keeper but was not the keeper/driver on date. This can be evidenced.
2. Their own photos do not clearly indicate whether my car was within the boundary they themselves have marked on their plan. Nor do they indicate the alleged position of my vehicle within that plan. Given the obscure and poorly marked demarcation between the areas (indicated in my photo) this does not seem fair.
3. My email to the landowner (the same individual who has signed the landowner agreement) raises the issue that there is clearly a conflict between the two properties adjacent to one another. In my defence I have said I was instructed to park in this location and their email corroborates this likelihood. The small disclaimer sign (photographed) is the only indication of the difference between the two adjacent properties and is unlikely to have been seen. This further supports my argument that I followed the instructions on where to park - I had no reason to believe I was not authorised to park in that location and therefore did not willingly/knowingly enter into any any contract.
4. The signs are set back on away from the car park and are not illuminated. Given the multiple cars parked obscuring their presence, and inclement weather conditions and my true belief I was authorised to park where instructed and my focus being on unloading the equipment and performing my role I did not see them at the time. Although i realise this is a weak defence, despite being the truth ...
I haven't actually started the WS bundle yet. I was hoping for some pointers from yourselves on what best to summarise from my defence and any obvious weak spots in their own WS given the circumstances.
Any assistance is much appreciated.
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