ChatGPT has helped me with this, should i also include how they did not submit their witness statement or pay the fee by the deadline?
1. Introduction
I am the registered keeper of the vehicle with registration number XXX.
I make this statement from my own knowledge and belief in response to the Claimant’s claim.
2. I was not the driver
I was not the driver of the vehicle on 25 February 2024, the date of the alleged parking event.
At that time, the vehicle was being used by my former partner.
3. Domestic abuse circumstances
My former partner was subsequently removed from my home by the police following a domestic abuse situation.
As a result of this, I no longer have contact with him and I am unable to obtain a statement or any evidence from him.
I respectfully ask the court to take into account that this is the reason I cannot provide further details from the driver.
4. Awareness of the Parking Charge
I did not have proper knowledge or control over correspondence relating to this matter at the time it was being sent.
I became aware of the Parking Charge Notice and related correspondence only after my former partner had been removed from the property.
Upon becoming aware, I acted promptly and sought advice, and I have engaged with the process in good faith.
5. The Claimant has not proven I was the driver
The Claimant has provided no evidence that I was the driver of the vehicle.
Their case relies on an assumption that I, as the registered keeper, am liable.
I deny that I was the driver and there is no evidence before the court to contradict my statement.
6. Failure to establish keeper liability under POFA
As the Claimant cannot establish that I was the driver, they must rely on Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) to hold me liable as keeper.
POFA requires strict compliance with specific statutory conditions in order to transfer liability from the driver to the keeper.
The Claimant has not demonstrated such compliance. In particular:
(a) The Claimant has not provided a clear explanation or evidence of how each requirement under Schedule 4 has been satisfied.
(b) The Claimant relies on a generic assertion of keeper liability rather than strict proof.
(c) The Notice to Keeper relies on ANPR entry and exit times rather than properly identifying a clear “period of parking” as required by POFA.
(d) The Claimant’s witness statement does not address POFA compliance in any structured or legally sufficient way.
In the absence of strict compliance with POFA, liability cannot be transferred to me as the registered keeper.
7. ANPR evidence does not prove a breach
The Claimant relies on ANPR timestamps to allege a parking duration.
These timestamps only show entry and exit from the site and do not establish:
The actual period the vehicle was parked,
Whether the driver had time to read terms and conditions,
Whether a contract was properly formed.
I submit that this evidence is insufficient to establish a breach of contract.
8. Claimant’s absence
The Claimant has confirmed that it will not attend the hearing and has asked the Court to decide the matter in its absence. [Trial Bundle (1) | PDF]
As a result, the Claimant is not present to:
Challenge my evidence,
Clarify deficiencies in its case,
Provide further proof of compliance with POFA.
I respectfully submit that this undermines the Claimant’s ability to discharge the burden of proof.
9. Additional costs are not recoverable
The Claimant has added £70 in additional “contractual costs” to the original parking charge. [Trial Bundle (1) | PDF]
I submit that these additional costs are not recoverable, represent an inflated claim, and are inconsistent with established case law principles.
10. Conclusion
I was not the driver of the vehicle.
The Claimant has failed to prove that I was the driver.
The Claimant has failed to demonstrate strict compliance with the Protection of Freedoms Act 2012 and therefore cannot hold me liable as keeper.
The Claimant has chosen not to attend the hearing and cannot address the clear deficiencies in its case.
11. Request to the Court
In light of the above, I respectfully request that the Court dismisses the claim.
Statement of Truth
I believe that the facts stated in this witness statement are true.
Signed: ___________________________
