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Court Claim Form N1 Received for PCN 18 months ago

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17891012

Comments

  • tonkasdog
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    Yes I could give evidence proving I wasn't the driver but it would reveal the drivers name
  • tonkasdog
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    The only email address I can find to email CEL the WS and evidence is:

    appeals@ce-service.co.uk

    Does anyone know of any others, if not, should I just send to this one?
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Are they using POFA?



    Have you used not POFA compliant in your defence?
  • tonkasdog
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    Yes have used that and printed off Schedule 4 as evidence
  • Quentin
    Quentin Posts: 40,405 Forumite
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    So if it's non compliant and you can prove it no need to reveal who was driving!
  • Loadsofchildren123
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    They can't be pursuing the Defendant as DRIVER because the D is a ltd co. A ltd co cannot drive a car. An officer or employee of the company can, but that's different.
    So you make it clear you are representing the co as the rk of the vehicle, and explain in what capacity (eg you are one of the 2/3 [whatever] directors, or you are a senior manager authorised by the directors to do so). Then confirm that you were not driving on the day in question. If you don't want to out the driver, you don't have to produce that evidence, but you do have to say why you know you weren't driving - eg you can say "I was driving vehicle reg xxxx on the day, I was in the office all day as my email log shows.... or I went on these jobs to these locations:
      ...." So you just need to explain in sufficient detail that you weren't the driver.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • tonkasdog
    tonkasdog Posts: 72 Forumite
    First Anniversary Combo Breaker First Post
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    Thanks,
    I've submitted a legal document that details the:
    vehicle reg
    Date
    times
    Driver (but have erased his surname)
    This is proof I wasn't driving
  • Loadsofchildren123
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    what's the document?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
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    if there's some sort of driver log, can't you just produce whatever says it wasn't you?
    How do they know you haven't erased your own name???
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
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    if you are management and don't do deliveries etc/go out in works vehicles, what about a letter from the boss/director confirming this and confirming that you were not driving the vehicle? Or if you are the director, you can explain this.
    My job is ..... I sit at a desk most of the day, taking calls from clients, chasing new business...... I have a company car. The company's business is..... It owns several works vans, used by the technical staff who go out on jobs to customers to [eg deliver goods, carry out services, whatever]. I do not drive these works vans, because I am a senior manager in the business and do not do the sort of work which requires a works van. If I was to go out on company business, I would use my company car (which I also use out of working hours).

    I have checked my emails and diary, and these show that on the day in question I was......

    Something like that?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
This discussion has been closed.
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