6 year old pcn county claim form received

nigelbb

Quentin wrote: »

No


They have 6 years to start legal proceedings

They had 6 years to start legal proceedings against the driver. They are now out of time to pursue the driver.

pappa_golf

what date did the new code come in for letter before claim

should not the new type of form have been sent prior ton making a claim

previous letter October 2017 , claim submitted 28/01/2012 the correct form should have been sent 28/12/2017 giving the required 30 (?) days to respond

Bookbug123

Thanks all, you have given me hope that all is not lost.
I have not engaged with them and never divulged any knowledge of driver's identity.
So (sorry to be dense but don't want to make any mistakes now), the process I need to follow now is to complete AOS and gain 14 extra days to out together a defence based on lack of driver liability and abuse of process? Is that right?
Also, do I include the defence that a ticket was bought by the driver (and subsequently lost so have no proof) but reg not completely entered or does this just confirm their claim of lack of valid ticket?

Bookbug123

Also Pappas golf, letter before claim was sent Oct 2017 and claim form came this week. No other form in between. Where do I look for info of new form?

pappa_golf

after 6 yrs how can you remember what happened on the day , you do not know what the DRIVER DID or did not do

and it is up to them to prove you were the driver (pre POFa2012)

I think this is there £25 gamble , take up poker lessons and sort them out

pappa_golf

Bookbug123 wrote: »

Also Pappas golf, letter before claim was sent Oct 2017 and claim form came this week. No other form in between. Where do I look for info of new form?

the new pre action protocol , came into force late last yr , seems that they have not followed it before issuing papers

await further help as this one is out of my scope

pappa_golf

follow this thread , the new papers were sent out (30 days) and they are scuppered now http://forums.pepipoo.com/index.php?showtopic=108218&st=0

Quentin

Bookbug123 wrote: »

letter before claim was sent Oct 2017 and claim form came this week. No other form in between. Where do I look for info of new form?

Were there any forms enclosed with the LBCCA.


(After a LBCCA the next step is the arrival of the claim form unless the defendant engages with the claimant)


But that LBCCA must comply with the protocol. (See link in the newbies faq - #2)

pappa_golf

1st october , found it

did the lbc meet this https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

KeithP

Bookbug123 wrote: »

So (sorry to be dense but don't want to make any mistakes now), the process I need to follow now is to complete AOS and gain 14 extra days to put together a defence based on lack of driver liability and abuse of process? Is that right?

No, that is not right.

They are suing you as the keeper, so the phrase "lack of driver liability" should be "lack of keeper liability".