Brindley Estate Defence.
1. That liability for the debt is completely denied and that no money is owned by myself to the Claimant.
2. That it is acknowledged that I was the Registered Keeper of the vehicle in question at the material time.
3. That the vehicle driver is not known to the Claimant.
4. That the Claimant is therefore attempting to use Protection of Freedoms Act 2012 (PoFA) in order to invoke what is legally known as 'keeper liability' thereby moving liability from the unknown driver to myself (the keeper).
5. That, in this instance, the Claimant's Notice to Keeper (NtK) does not meet all the requirements of PoFA Schedule 4 Paragraph 9(2) and therefore keeper liability cannot be invoked.
6. That with the driver unknown and keeper liability unavailable, there is no legal route to liability in this matter.
7. That throughout this matter I have attempted to engage with the Claimant in order to establish exactly where they allege the driver parked in relation to their issued PCN NtK.
8. That on each occasion the Claimant has failed to reveal the precise location of the alleged contravention.
9. That the Particulars of Claim are so vague that it is impossible to tell exactly what they are claiming for and therefore this represents a 'skeleton defence'.
10. That an examination of Google Street View shows that the Claimant appears to manage a gated cap park off Alfred Road on the Brindley Estate.
11. That at the material time the driver would not be able to access this gated car park since the driver was not in possession of an 'electronic key fob' which would allow access.
12. That all other areas surrounding this location are either public roads or car parks managed by Westminster Council and therefore not relevant to the claim pleaded.
13. That liability for the debt is therefore denied.
You should be able to submit this through MCOL.
I cannot wait for their witness statement complete with their pitch-black photos!
