Advice on Evidence - Letter of Claim

pademo

This is not evidence. It is a statement capable of being challenged in court which they may do but in many cases it is simply to hassle people. Which again they are entitled to do if they have an reasonable belief.

But surely they are not entitled any presumption unless using POFA? - which they have admitted they are not.

System

But surely they are not entitled any presumption unless using POFA?

Yes but the whole Elliott v Loake thing is an invite to the judge to take adverse inference that the defendant has something to hide.

If it goes to a hearing, you could if you wish turn the tables. Suggest they are attempting AI while at the same time not bringing their own witness for the defendant to pose questions.

nosferatu1001

IamEmanresu - a WS made under statement of truth is, however, evidence

OP - you are mistaken. POFA makes no presumption, apart from who the Keeper is. It just says that the keeper is liable unless the driver has been identified.

pademo

IamEmanresu - thanks for the education! at least I am learning something from this whole debacle.


Nosferatur1001 -I understand. My badly worded sentence. My point really was that they have admitted to not adhering to/relying on POFA so they cannot automatically make me liable. I was not the driver and can show I was elsewhere - IamEmanresu's point aside regarding adverse inference should they not have to show I was the driver?

nosferatu1001

It is their claim to prove.
SO they have pt prove you are the driver. IF they cannot do so, and simplyu ask the judge to make a finding of fact, you wil have a set of evidence show ing you were NOT the driver as you were at Y location X miles away at time Z.

pademo

Thanks again. That confirms my understanding.

pademo

Once small question if I may on the new pre-action protocol?


I notice section 4.


4 RESPONSE BY THE DEBTOR
4.1 The debtor should use the Reply Form in Annex 1 for their response.


Would not completing the form therefore be classed as no-compliance?

Umkomaas

pademo wrote: »

Once small question if I may on the new pre-action protocol?


I notice section 4.


4 RESPONSE BY THE DEBTOR
4.1 The debtor should use the Reply Form in Annex 1 for their response.


Would not completing the form therefore be classed as no-compliance?

You're not a debtor until you either agree that you are, or a Judge tells you that you are.

But you do realise that this isn't a legal advice forum?

pademo

Thanks Umkomaas.

But you do realise that this isn't a legal advice forum?

I do, yes. I suppose I'm just looking for a view really. I'm right in the middle of drafting my response to the "Letter of Claim" and this jumped out at me. I normally endeavor to give everything a bit of thought before diving in, but being new to the forum I was a little keen to post.



Thanks for the response anyway, It is appreciated. I'm keen to get this over now after 2 years and a lot of typing!

KeithP

The debtor should use the Reply Form in Annex 1 for their response.

If it said:

The debtor must use the Reply Form in Annex 1 for their response.

You might get different responses.