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.
The Hearing
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.
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ReplyDeleteEvery defendant is entitled to remain silent, if the defendant offers no oral evidence neither the claimant nor judge can ask questions.
ReplyDeleteunless they ask questions , how do they know he is going to be silent?
Deletewhen you start the hearing you say to the DJ "I am not giving evidence". And that is that.
Deletewhat process would you need to go through first before court once the PCN is received to copy this defence? Do you need to reply to the PCN stating that you were not the driver? do you need to give a driver name or not?
ReplyDelete