Armtrac final letter

Redx

Depends on if the driver has a stronger case to offer than a keeper hiding behind POFA and stuttering when asked the the claimant or judge in court if they were the driver

There are many occasions where a driver led defence and WS are the best defence , where a driver is a witness and can talk about matters to a judge

Sometimes hiding behind POFA is counter productive

I told this to a member here not long ago , they chose the driver witness option , and won , so read the AOBTD threads (a hit song for Queen)

Neil1019

In this case The best course of action if it ever went to court that is, that the RK would not be good if pressed so the driver would be best to answer questions. So with this situation when does the RK advise this?

Umkomaas

Neil1019 wrote: »

Sorry date the offence occurred was the 26/3/19
NTK sending date was the 12/6/19

Neil1019 wrote: »

In this case The best course of action if it ever went to court that is, that the RK would not be good if pressed so the driver would be best to answer questions. So with this situation when does the RK advise this?

It's entirely up to you, but if you do, it can be 'admitted' in your Defence and subsequent Witness Statement.

But, given the huge interlude between the dates above, they cannot possibly - in law - hold the keeper liable. Personally, I'd hold off on any admission as to who the driver might have been.

Coupon-mad

Neil1019 wrote: »

In this case The best course of action if it ever went to court that is, that the RK would not be good if pressed so the driver would be best to answer questions. So with this situation when does the RK advise this?

the RK today received a county court business centre claim form.

It is too late to change the Defendant to the driver, so the rk must defend. These cases are winnable and you can speak for the Defendant in court as long as they sit there as well (they must attend).

However the DEFENCE is theirs, signed by them, and the AOS is done by them.

NOT YOU.

And you cannot change the name of the Defendant when doing the AOS or other forms so don't ask about that please!

Neil1019

coupon-mad, Jeez I wouldn’t dare ask��
I really cannot comprehend why they are willing to take me to court. If you guys state that 90% of cases are won. What is the point as surely they lose money in the end?
I have come too far to back out now and just have everything crossed it doesn’t get to court as it looks like most of sorted before that. As everybody else I am sure have found this process very uncomfortable. I have read the Newbies post and have to say I still don’t fully understand the whole process.
The RK has also received a letter from BW legal today saying that “it is not too late” and if it goes to court and we lose a CCJ will be against our name, I have read the details on other threads and am led to believe if we lose and pay within the time frame then there is not CCJ and out credit score is not affected?

Umkomaas

If you guys state that 90% of cases are won. What is the point as surely they lose money in the end?

The high percentage of cases won are only those assisted via the forum. Where motorists aren't assisted by us, I'd say that PPCs win the vast majority of court cases. They definitely win more than they lose. While they will lose money on those we assist with, overall they definitely do not lose money on court cases.

I bet we assist in no more than 5% of all PPC court cases.

if it goes to court and we lose a CCJ will be against our name, I have read the details on other threads and am led to believe if we lose and pay within the time frame then there is not CCJ and out credit score is not affected?

Absolutely correct, you have no worries on that score.

Neil1019

I am not being lazy but reading the other threads it is just a case of me copying a proven successful defence and changing the specifics to my case? I am not kidding when I say that I would have no idea where to start with a defence let alone a good defence that will help my cause, I have come this far and really don’t want to fall over on the final hurdle.

Neil1019

To confirm the car was parked outside the lines on the end of a parking row (ie there was no loss of earnings as there was no parking space next to us) the lines were very faint and in some parts not visible (there were photos showing this). Ticket purchase was valid for the entire stay.

Coupon-mad

OK so you copy bargepole's concise defence that says it was unclear where a car could, or could not, park. Add in a bit of detail about the lines being so faded as to be invisible and it was impossible to conclude this end space in the run of bays, was not a bay.

This is so simple at this stage and this is why I linked 17 example defences in the NEWBIES thread, so people don't ask us what to put, and can adapt one of the examples that best matches.

Then you add the usual point about no proprietary interest.

DO NOT add stuff about 'no loss'. Those words do not have a place in a PPC defence.

Then you read CEC16's thread and add in the stuff from post #14 of the Abuse of Process thread by beamerguy. Show us the resulting masterpiece!

Neil1019

Coupon-mad, I am just working on the defence and have read CEC16’s thread in particular #14 but cannot see any wordy stuff I can use, Is it the long wording from post #19 from Beamerguy that I need to use?