County court Excel/BW Legal

Coupon-mad

Barrang wrote: »

Is it too late to demand photograph of frozen windscreen or do l do that as part of my defence please, many thanks

Include every point in your defence, including the fact that as keeper, you have never been shown any evidence.

You can have a point about 'force majeure' as well (Google it) because the law cannot support one party being able to claim against another for 'breach of contract' when the driver did nothing wrong and the visibility of dashboards on an icy day is outside of either party's control = force majeure.

Apart from that, remember unless the driver ha ever been divulged in any appeal, you must defend this as registered keeper, mentioning the POFA 2012 and that Excel Notices to Keeper do not follow or rely upon that statute and so there can be no 'keeper liability'.

Add the fact that Excel can only hold a driver liable and would need to prove the identity of that party.

And all the usual stuff, as you will find in the examples in the NEWBIES thread under the heading 'Small Claim?' Several relevant defences there to copy from, you need lots of ammo, do not miss anything out but do not state who was driving.

Barrang

Thank you once again for your responses. Since l last posted my Mother in law has died, there are difficult family circumstances surrounding all this, we have had , my only aunt has had a stroke and l have this shadowing over me all the time.
You have been most helpful but l am still not in a position to post a defence to Northampton. I do not wish to let Excel get away with their practices but really not up to defending this and it is causing my depression to return. Anybody on here able to help me privately please. Apologies if this is not allowed but l would be happy if someone could private message me

Coupon-mad

Barrang wrote: »

Thank you once again for your responses. Since l last posted my Mother in law has died, there are difficult family circumstances surrounding all this, we have had , my only aunt has had a stroke and l have this shadowing over me all the time.
You have been most helpful but l am still not in a position to post a defence to Northampton. I do not wish to let Excel get away with their practices but really not up to defending this and it is causing my depression to return. Anybody on here able to help me privately please. Apologies if this is not allowed but l would be happy if someone could private message me

I will. I will pm you.

So sorry to read of your family circumstances.