No notice to keeper

[Noah14]

Morning

Am due in court soon and reading through their witness statements there is no notice to keeper. I never received one either.
would this be enough for a judge to cancel a ticket?

[Noah14]

Re: No notice to keeper

Also having read through the claim form in the particulars of claim they have stated 'the driver' where there is no proof I was the driver

[charitynjw]

Re: No notice to keeper

Hi Noah14, welcome to LB

It may be that the parking co/sols are not relying of PoFA.

Have you ID'd the driver (at the relevant time) at any stage?
If not, are you confident of the Elliot v Loake, CPS v AJH Films arguments?
How would you answer if the Judge asked "Were you the driver?" (It has been known for this to happen).

[Noah14]

Re: No notice to keeper

I didn't know there was an outstanding ticket as although they have photos with the ticket on the car it wasn't there when I entered the vehicle.

10 months had passed between the date of the incident and the first debt recovery letter so I have absolutely no idea who the driver was!!

[ostell]

Re: No notice to keeper

So don't write posts that infer who the driver was (#4)!!

Have you kept any documents at all?

[charitynjw]

Re: No notice to keeper

I didn't know there was an outstanding ticket as although they have photos with the ticket on the car it wasn't there when I entered the vehicle.
Could be 'ghost ticketing'.
https://www.driving.co.uk/news/video...ost-ticketing/

10 months had passed between the date of the incident and the first debt recovery letter so I have absolutely no idea who the driver was!!
Does the Claimant's evidence suggest this?
If so, I would have thought that they must be aiming for RK/driver presumption. (Unless the driver has been ID'd either directly or by implication).

####

[ostell]

Re: No notice to keeper

Even if it is ghost ticketing then the Notice to keeper is required to be delivered before day 56. Without this and with no proof of the driver identity then they cannot hold the keeper liable.

What does the actual Particulars of Claim say?

[Noah14]

Re: No notice to keeper

We they have sent a solicitor so that's me screwed!

- - - Updated - - -

Particulars state the driver - as for don't infer I honestly don't know who was driving!

- - - Updated - - -

Will I be allowed to state those things to the judge or will I be shutdown by their representative??

[charitynjw]

Re: No notice to keeper

We they have sent a solicitor so that's me screwed!

Why so?
LiPs are frequently winning cases, & often despite the parking co being legally represented.
You just need to know your stuff & bring the official judgements (E v L, CPS v AJH) into court with you.
A copy of Henry Greenslade's comments re 'no presumption of keeper liability' wouldn't go amiss, either

[Noah14]

Re: No notice to keeper

Lost £100 fine £100 costs

[Amethyst]

Re: No notice to keeper

Ahh bugger.... reasons ?

[Noah14]

Re: No notice to keeper

Whether it was myself or partner driving was irrelevant as we were aware we had to display a valid permit and as I hadn't they awarded the claimant

[Noah14]

Re: No notice to keeper

Also mentioned that the ticket was not on the windscreen and no NTK received again he said irrelevant as they had photos proving the ticket was on the car

[Amethyst]

Re: No notice to keeper

Bugger.

Sorry to hear that Noah. Where was the parking ? ( re permit rather than P&D ticket etc ? )

Was it an interesting experience anyway ? ( just looking on the positives )

[Noah14]

Re: No notice to keeper

Was all over a residential permit, judge refused them interest admin fees and solicitors costs just had to pay the court fees so wasn't all bad!!