Received PCN - I'm not the driver nor the keeper of the vehicle

tati

The issue date is 10/12/18


I have acknowledged the claim on 22/12/18


OK so for now only written defence will be required (short, clear, precise explanation of what happened)?

KeithP

tati wrote: »

The issue date is 10/12/18

You have a few more days than you thought.

With a Claim Issue Date of 10th December and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 14th January 2019 to file your Defence.

That's well over a week away. Loads of time to produce a good Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

tati wrote: »

OK so for now only written defence will be required (short, clear, precise explanation of what happened)?

Post #2 of that already mentioned NEWBIES FAQ sticky thread should give some ideas on how to construct a Defence.
Format, layout, etc are all discussed there, but in your case, as Waamo says, keep it clear and simple.

tati

Thank you for this very useful information, KeithP.


I have acknowledged the claim on 22/12/18. Only after I have done it, I realised that I should not have rushed to submit it...

KeithP

tati wrote: »

I have acknowledged the claim on 22/12/18. Only after I have done it, I realised that I should not have rushed to submit it...

There is nothing to be gained in delaying the Acknowledgement of Service. As long as you did it by 31st December, as you did, your date for filing your Defence remains the same.

Fruitcake

Whatever else you do, you should also complain to your MP about this unregulated scam. I would also point out to him/her that you are being taken to court by unregulated scammers, but the police do not think the fraud perpetrated against you is a crime.
Ask if he/she thinks this is justifiable and a good use of the court system.

tati

Just to clarify - does this mean that despite acknowledging the claim on 22/12 I still can submit the defence by 14th January?

tati

It is utterly ridiculous that nobody can be held accountable for this.

I will aim to put this forward to my MP, good idea.

KeithP

tati wrote: »

Just to clarify - does this mean that despite acknowledging the claim on 22/12 I still can submit the defence by 14th January?

Yes. Read again post #25. Is that not clear?

I'll repeat part of post #23:

With a Claim Issue Date of 10th December and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 14th January 2019 to file your Defence.

tati

Yes, it was clear. I was just excessively worried not to miss the deadline.
Thanks!

tati

As agreed, there is no template for me to follow.



However do I still have to state my reasons in separate and numbered paragraphs and use the passive form?


It is quite strange to describe my situation between me and my ex-partner who forged my signature using this passive form. Would it sound like this:


X. It is denied that the defendant was the registered keeper or the driver of the vehicle.



X. The vehicle was hired by defendant's ex-partner who had forged defendant's signature on the lease agreement.



Is this how the defence should look throughout? I find using this form very unnatural. As you are aware of the circumstances surrounding my case, would you be able to sample sentences that I should use?



Thank you in advance.