Papers only claim

uselesspleasehelp

Basically my husband won’t attend... very long story, I’ll try that finding out about if they complied. However I don’t understand who it is u ask that? Sorry. Back to basics here I’m afraid 🙈. Thankyou for that information though

uselesspleasehelp

Yes, I did all this by simply not finding this site in time, then realise I shouldn’t of put anything. It’s just that the court said that must be filled in, they were quite rude and unhelpful

Redx

as we have stated on several occasions this is not YOUR court case, you are NOT INVOLVED as your name is not on the court claim documents (your husbands name is on them) - this has nothing to do with you from a legal standpoint

so all this ME , MYSELF etc is nonsense

and in my own laymans opinion, the defence has already been filed online on the MCOL webiste because you showed us screenshots or pictures of this, so the defence seems to have already been filed online in your husbands name

I have no idea who sent in any paper claim form or why , nor why it was unsigned by the defendant (unsigned by your husband) , but HE cannot send in more than one defence, be it online or by email or by post

so it seems to me that the defence has already been logged and your husband is awaiting the DQ from the CCBC

you are all out of your depth, this isnt your problem, so I suggest you do what bargepole said, pass the papers to the defendant and have nothing more to do with it, because mistakes have already been made and this will take months to resolve, even if no more mistakes were made by anyone

YOU can assist him in dealing with this, as could your son, as could a solicitor, but he is the defendant being taken to court as keeper of the vehicle, be it for speeding charges, parking charges , penalty notices or whatever they may be- he cannot just duck out of his legal responsibilities that he signed for as keeper of the vehicle

if he doesnt want these legal responsibilities in future , then get his name off the V5C and sell it or have it in a responsible adults name who will deal with any future court claims

thats my two pennorth (advice) - because you are ill equipped to deal with this mess , so say STOP, NO MORE and dont have anything more to do with it

uselesspleasehelp

Ok thanks, obviously I meant him but I’m the worrier that’s all

Redx

seems to me that as your husband (the RK) wasnt driving, this thread applies


https://forums.moneysavingexpert.com/discussion/5906448/claim-form&page=2


the PPC would have to have followed POFA2012 in both timelines and wordings of that law to hold him liable for another persons issues with his vehicle


if they have, plus if they have dealt with any other issues like landowner authority etc, then he would lose , regardless


ie:- to win, he will only win on a legal technicality

bargepole

uselesspleasehelp wrote: »

Basically my husband won’t attend... very long story,

If he receives a Witness Summons, he will be compelled to attend, otherwise he can be arrested for Contempt of Court, and dragged along by force if necessary.

Then it will be a very short story.

Coupon-mad

Yes but don't scare them bargepole, that won't happen!

They can have it heard on the papers. The OP is merely waiting for their DQ form.

uselesspleasehelp

Please can anyone advise on the do’s and donts of what to say on the form? Court case isn’t an option so has to be papers only as they suggested, is it worth offering any money to save on extra fees etc? And does anyone have any idea of what the outcome tends to be in these instances?

uselesspleasehelp

Yes I don’t think that kind of advice is necessary especially when like I hear that won’t happen, I’m not sure why being horrible is called for

nosferatu1001

That isnt being horrible. It is being realistic. If he is summonsed to attend, he WILL attend.
You cannot pay anything to avoid extra fees, the fees are not yours to pay.
There is no wording to use, just ensure you say you want papers only. This isnt a trick, its just a simple request - papers only.