PCN October 2011

[Merlin77]

Re: PCN October 2011

Hi M 1
Just phoned the court to ask about type of format and email address as advised ready to send my defence and the help desk person told me it's all done online now so i explained that i was told to type out my defence in the correct format eg. Times new Roman font size 12 double line spacing etc and she laughed and said who told you that? that's rather old fashioned now you have to fill in the defence form which was sent with your claim form or i can email it to you which she has just done so what's all this about now?

[mystery1]

Re: PCN October 2011

Sometimes the operators who answer the phone are just utterly clueless.

https://www.justice.gov.uk/courts/em...idance#canfile

If in doubt phone them back, you might get a different one that actually knows what they are talking about.

M1

[Merlin77]

Re: PCN October 2011

Well even that link looks complicated so i think i will just print out the defence and send it by registered post i think would be easier so any particular way this has to be sent like perfectly flat no folding and in a business type brown envelope?

[mystery1]

Re: PCN October 2011

Don't think so. Court papers come folded so they'd have a hard neck saying don't do it.

M1

[Merlin77]

Re: PCN October 2011

Mystery will you have a look at this please and tell me if is ok I have been ages trying to sort out a pdf programme that's why I have been ages doing it.
is it ok to send through the post I would rather send it I think rather than email as I am not sure about the instructions regarding how I should send it.

[Merlin77]

Re: PCN October 2011

Hi Mystery i know you must be very busy but did you see my message below? Thanks again

[mystery1]

Re: PCN October 2011

Looks good to me.

M1

[Merlin77]

Re: PCN October 2011

High Mystery
I have to write the WS now any templates I can use I can down load for guidance?
Everyone has been so helpful on all the different forums so getting as much advice as I can.
Thanks for your help. ☺

[ostell]

Re: PCN October 2011

There can't really be a template for a witness statement as everyone will be different. There is an example here which shows the details that must be included. Between the start and the finish tell your own story as best you can and point to evidence that supports your case

And even pointers on this site.

[Merlin77]

Re: PCN October 2011

Hello thank you
Sorry I meant a template for the layout etc.
I don't have any thing to add as evidence etc as right from the beginning I was advised by all forums not to contact the Parking Company or their Graham White Solicitors at all so I never did for anything.
As far as I am/was concerned I was not the driver at the time so ignored everything.
I can only state that and that I was the R/Keeper and not the driver. I don't have the original PCN with the photo as I threw it away.
The PCN was November 2011 so can just point out that it was before the law changed regarding chasing up the driver/keeper.
Also I don't have any proof of where I was on that occasion so don't have much really other than telling them I was not the driver.
I have never driven to that car park ever as having learned to drive and passing my test late in life I am or should say was a nervous driver (I don't drive now for that reason) so would avoid very busy places if possible and that was and still is the same. The exit was always a nightmare slightly improved with traffic lights further down the road slowing up traffic.
So I would always park somewhere else and walk.
Don't or didn't have named drivers on insurance as at that time anyone who borrowed my car had their own insurance covering them to drive another person's car, I always made sure of that but can't remember all those years ago who was driving.

[mystery1]

Re: PCN October 2011

Your defence is that you were not the driver and as such have no liability.

Your witness statement will be short. It will state you were the registered keeper. It will state you were not the driver (preferably with an explanation such as your were out the country, working, unable to drive etc to add credability to this)

You will also supply the popla report from 2015 https://popla.co.uk/docs/default-sou...5.pdf?sfvrsn=2

Page 13 Henry Greenslade QC said

"However keeper information is obtained, there is no ‘reasonable presumption’ in
law that the registered keeper of a vehicle is the driver. Operators should never
suggest anything of the sort. Further, a failure by the recipient of a notice issued
under Schedule 4 to name the driver, does not of itself mean that the recipient
has accepted that they were the driver at the material time. Unlike, for example,
a Notice of Intended Prosecution where details of the driver of a vehicle must
be supplied when requested by the police, pursuant to Section 172 of the Road
Traffic Act 1988, a keeper sent a Schedule 4 notice has no legal obligation to
name the driver. Any evidence in this regard may therefore be highly relevant."

M1

[Merlin77]

Re: PCN October 2011

Hi Mystery
I thought I had sent this to you but on checking I couldn't see it listed, please could you tell me if this WS is ok to send.
Thanks have sent it in word

[mystery1]

Re: PCN October 2011

Change unacceptable in #9 to something like hard, difficult.

I would add in from https://popla.co.uk/docs/default-sou...5.pdf?sfvrsn=2 the words of Henry Michael Greenslade QC

"However keeper information is obtained, there is no ‘reasonable presumption’ in
law that the registered keeper of a vehicle is the driver. Operators should never
suggest anything of the sort. Further, a failure by the recipient of a notice issued
under Schedule 4 to name the driver, does not of itself mean that the recipient
has accepted that they were the driver at the material time. Unlike, for example,
a Notice of Intended Prosecution where details of the driver of a vehicle must
be supplied when requested by the police, pursuant to Section 172 of the Road
Traffic Act 1988, a keeper sent a Schedule 4 notice has no legal obligation to
name the driver. Any evidence in this regard may therefore be highly relevant."

Although this pertains to when keeper liability and PoFA were enacted the principle is the same. No presumption in law.

M1

[charitynjw]

Re: PCN October 2011

[MENTION=5354]mystery1[/MENTION]

I spent ages yesterday looking for that Henry Greenslade quote (for another thread).
I should have waited 'til this morning, lol!

[Merlin77]

Re: PCN October 2011

Hi Mystery
Do I just copy that paragraph in somewhere showing the link as well and say that these are the words of HG Greenslade QC as you have done? And where should I put that?
Thank you