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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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Further to an earlier question: a private land parking company

Resolved Question:

Further to an earlier question: a private land parking company are taking me to court and are using PoFA (protection of freedoms act) to peruse me as the registered keeper. (this is the act that they have named on the court claim form) I have not named the driver.
The alleged breach of contract took place in a port car park, which is subject to bye-laws. The PoFA act specifically states that the right to peruse to the registered keeper (the act itself) does not apply on land covered by Bye-laws. The car park operator know that this is the case and has issued on this basis anyway.
How would a judge view this?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do they rely on the PoFA?
Customer: replied 3 years ago.
Yes, that is what they are basing the claim on.
Expert:  Jo C. replied 3 years ago.
What have they actually said on that point?
Customer: replied 3 years ago.
Well, they have recently issued a large pile of documents as part of their notice to proceed.
But on the claim form they have stated that they are pursing the Registered Keeper under PoFA.
Expert:  Jo C. replied 3 years ago.
Yes, and that is wrong but it doesn't void the claim necessarily.
Before the PoFA there was case law that suggested that the registered keeper was likely to be the driver unless he named another. That presumption is obviously weaker than the statutory presumption under the PoFA but it can still be relied upon.
This will depend really on how annoyed the Judge is with them for relying on the PoFA. If he is of the view that they are misbehaving then he may quash it on that basis. If not, then he may supplant the old caselaw.
In truth, it will depend whether the Judge even finds the old caselaw. The small claims court is very DIY. Bad decisions are quite often made.
Can I clarify anything for you?
Jo
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