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    • claretmad62
    • By claretmad62 29th Jan 17, 6:45 PM
    • 161Posts
    • 114Thanks
    claretmad62
    Excel BW again
    • #1
    • 29th Jan 17, 6:45 PM
    Excel BW again 29th Jan 17 at 6:45 PM
    Hi to all

    Spent quite a bit of time reading others threads, finding it all a big learning curve.


    State of play, Excel along with BW currently chasing my wife for a PCN from early 2012 (pre PoFA) On her behalf I have been corresponding with BW and at the moment we are 20 days into County Court sending our initial defence to the claimant. Been on with the WS, as it's over 5 years ago we've not got a clue who was driving....quite a few people have used my wife's car historically. There seems to be different views on what should be in the WS, and what we should take to the hearing as our court bundle. As it's pretty PoFA, what do you think our plan of defence/ attack should be


    Cheers
Page 14
    • Lamilad
    • By Lamilad 12th Jun 17, 11:10 AM
    • 672 Posts
    • 1,440 Thanks
    Lamilad
    Some of the stuff above you may already have in your WS so it may be a case of cherry picking the points you need in your SA.

    Keep in mind that the main crux of your defence is pre PoFA - no proof of driver - no keeper liability' Your bundle should focus on this more than anything else.

    Everything else is secondary but still strong, valid arguments
    • claretmad62
    • By claretmad62 12th Jun 17, 11:21 AM
    • 161 Posts
    • 114 Thanks
    claretmad62
    Yes, going thru your comments last night and your WS you linked. Cherry picking as you say. Going thru their WS and commenting where I feel its applicable...not on every Paragraph of course. I was thinking of making this a separate part of the SA, with a Title The Defendants comments on Claimant WS.. or similar. Would that be ok ? Will put heading on the top page with all the separate components of the SA.
    cm62
    • claretmad62
    • By claretmad62 12th Jun 17, 4:34 PM
    • 161 Posts
    • 114 Thanks
    claretmad62
    On the RoA should it arise, is there a website that will allow me to look up whoever turns up, would like to save it onto my phone in readiness.
    cm62
    • Lamilad
    • By Lamilad 12th Jun 17, 6:30 PM
    • 672 Posts
    • 1,440 Thanks
    Lamilad
    On the RoA should it arise, is there a website that will allow me to look up whoever turns up, would like to save it onto my phone in readiness.
    Originally posted by claretmad62
    BMPA offer a 'check the rep' service where you text them the name of the rep and they check their RoA
    http://www.bmpa.eu/court.html
    • Lamilad
    • By Lamilad 12th Jun 17, 6:31 PM
    • 672 Posts
    • 1,440 Thanks
    Lamilad
    I was thinking of making this a separate part of the SA, with a Title The Defendants comments on Claimant WS..!
    I would go with "response to the claimant's witness statement"
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