N1 Claim form received for PCN 2015

MichC

Thank you for replying . I thought they had 7 days to send the SAR information to the defendant ? Also there is conflicting information on stating ‘Who the driver was ‘ ?

Quentin

No

They have a month to respond and can take a total of 3 months to supply the information requested

Not revealing who was driving in your thread is the advice throughout

If you decide to do so in your defence is a decision to take later

MichC

Ok thanks . So what happens regarding the court hearing if it takes months to get the data info , is it put on hold until the defendant receives it ? And if the defendant can’t remember who the driver was that day ?? Sorry for all the questions , there so much information to read through .

Redx

from submitting a defence to a court date can be say 5 or 6 months , sometimes longer if they are busy

the SAR reply should come back after or within 30 days , it says so when you sent the SAR , if you used the usual template , so well before , so this is long before any court date

the defendant may or may not be the driver , but must not lie

either the defendant is relying on POFA as KEEPER , or they are defending as driver

the decision may rest on what can be said , because the driver is a witness (witness number uno) to the events as they unfolded and so is unfettered by second hand knowledge

sometimes a driver defence is better because the judge gets a first hand account of the circumstances on the day that led to the pcn

so its either a keeper based defence with possible hearsay as a witness

or a driver based defence with first hand witness accounts


VCS did not use POFA in 2015 so will try to state that the keeper and driver are one and the same person


your choice to make

MichC

Thank you RedX

Coupon-mad

MichC wrote: »

Also there is conflicting information on stating ‘Who the driver was ‘ ?

Where is the conflicting info please?

You can't name the driver at this stage. It is too late to do that.

The Defendant has to defend in time, but that can and should include them saying as a fact (if true) that they were not the driver and are not liable, because VCS did not use the POFA wording on their PCNs in 2015. That's not the same as actually NAMING that driver.

MichC

**UPDATE ** I’ve had an email response from DCB Legal asking for photo ID for my SAR request I only have my driving licence should I send a copy ? Also who can help with my defence papers please ???? TIA

Quentin

Send them a copy of your car registration form (v5c)


See #2 in the neebies faq for advice on your defence (lits of links there to defences you can crib from)

Redx

I would not send a copy of my driving licence or passport or insurance etc, too much data to which they are not entitled

Scan or take pics of the N1 claim form and the V5C and send those which are sufficient to prove you are the correct party under GDPR

If they argue back, tell them you have provided sufficient proof and will report them to the ICO if they insist on driving licence details etc