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porkloiner

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About porkloiner

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  1. Claim dismissed! The Judge didn't agree with me that keeper liability hadn't been created - he didn't seem to have much of a grasp of POFA at all and was interpreting it differently to what I was I thought I was on to a loser, however, Gladdy's WS made reference to the signs in the car park and the site signage plan - the sign in their bundle wasn't the same as in the car park and they didn't even enclose a signage plan. Furthermore, they didn't include the windscreen ticket (relevant to my POFA argument) in their bundle and when I brought all this up, the Judge dismis
  2. Attached is the witness statement from GS. Looks to be a carbon copy from all other claims. Any thoughts/advice? SOCMFD01M17080718020.pdf
  3. Okay, will do. They probably never even read the letter anyway Just read the Wakefield judgment. Not sure how it applies to my case - unless you mean the POFA aspect?
  4. The only reason I offered it was to appear more reasonable and because that was the minimum that should have been offered on the NTK. Do you suggest I remove it from the WS either way? To be fair, the proposal was made whilst stating it was being made in my capacity as registered keeper only and was not an admission of liability and that they had still failed to create keeper liability
  5. Okay, I have made the suggested amendments and also added the following: --- A CPR 31.14 request was made to the Claimant’s solicitors for the following on 26th January 2017: the contract between SIP Parking Ltd and the landowner that assigns the right to enter into contracts with the public and make claims in their own name; proof of planning permission granted for signage etc. under the Town and Country Planning Act 2007; copies of the notice to driver, notice to keeper and any other correspondence from SIP Parking Ltd and Gladstones Solicitors Ltd to the defendant t
  6. Thanks for the reply. Haven't posted yet. When it comes to numbering exhibits, what's the best or preferred format? Is there any protocol in relation to this? Also - what is the date of service? The date I post it? I've done some research re this and I can't find a definitive answer. The hearing is 11th August
  7. Papers need submitting next week. How is this looking? ---- 1. I was the registered keeper of the vehicle with registration number XXXX XXX involved in the penalty charge notice XXXXXXX issued by SIP Parking Limited on XX/XX/XXXXX. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons, any one of which is fatal to the Claimant's case. 2. The claimant has not identified the driver and there is no keeper liability created under the Protection of Freedoms Act 2012 (POFA). The claimant has not created said liability for
  8. I'm getting ready to file my defence... Can someone please explain this point to me in more detail? "The amount claimed does not represent the original charge expressed to the driver, which was zero, so is purely made up of monies that are thus unenforceable penalty charges" which ericsbrother suggest I include
  9. Yeah, was thinking the same - just I won't have time to write anything new before then so I'll just submit what I've written above on or before that date. I owe you two a beer!
  10. Right, maybe not bother with the landowner then So - just to clarify, submit my defence as is at the moment? I may leave it until I return from hol to submit so as not to invite any further correspondence whilst I'm away
  11. Thanks for clarifying. Makes more sense now. No wonder people just pay up - this whole area is overwhelmingly confusing and needs the Govt to come in and tidy up Re my defence - submit what I've written above now, yes? Case law etc. comes in later on the witness statement, right? Sorry if I seem daft, I'm just trying to not slip up I'm also considering approaching the landowner - or is it too late?
  12. As ever, thank you for the continued support... Unfortunately, due to the timing of this claim landing and work commitments, I haven't been able to give it as much of my time as I would wish. Furthermore, I go on holiday in the next couple of days and ideally need to submit my defence beforehand ericsbrother, given your previous post, should I submit the following on the defence form? 1. No cause for action by claimant against defendant as no keeper liability created under the Protection of Freedoms Act 2012 2. The sum claimed is for a breach of contractual obligations. No s
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