Excel v Mr B C7DP8F83 at Sheffield 14/12/2016.
Mr B was not the driver. Excel do not use the keeper liability provisions of the Protection of Freedoms Act 2012, and so attempt to rely on the assumption the keeper was the driver.
Mr Wilkie was the lay representative for Mr B.
Excel, through BW Legal, used an outside representative.
As the Keeper was not the driver, he elected to offer no evidence, and put the claimant to strict proof. This of course was an impossibility for Excel. As Mr B was not the driver, there would be no way they could offer any proof.
The Judge made it clear that without proof of driver, and without invoking Keeper Liability, there was no claim against the Keeper.
No costs were awarded.
The Parking Prankster