UK CPM - CCJ issued

henrik777

hiphop99 wrote: »

I am drafting the Order to dismiss the claim as part of the set aside but I have come across another issue.


As part of the early to and fro with UKCPM, my wife wrote to confirm she was the driver at the time as the notice was served to her mother, the registered keeper - has that f'd up one element of my defense?



I feel the Tenancy component is the strongest part of my reason to dismiss?

If the claim was in her name, yes. If not, no (it'd actually strengthen a case for anyone other than your wife)

hiphop99

Yes, it's in her name - I received some bad advice before I discovered this forum unfortunately where I was told to transfer liability as it apparently weakens the claim (!). I massively now regret that.



Once done, can I post it here for a quick once over?

henrik777

hiphop99 wrote: »

Yes, it's in her name - I received some bad advice before I discovered this forum unfortunately where I was told to transfer liability as it apparently weakens the claim (!). I massively now regret that.



Once done, can I post it here for a quick once over?

Yes.

Keeper liability can be a strong defence but unless the keeper and driver were different, it can be a struggle to keep the fact that the keeper was driver quiet, particularly as the court only needs to be over 50% sure and being evasive might be enough !

Revealing the identity is not a major disaster.

hiphop99

Can the team here look over what I have drafted?

henrik777

hiphop99 wrote: »

Can the team here look over what I have drafted?

Usually do.

hiphop99

Hi - having major issues posting my text.


Any tips?

KeithP

If you are copying from an advanced word processing application such as MS Word, prepare to have your IP address blocked.

This post may help you understand:

Please don't copy and paste from Word/Outlook

hiphop99

I am posting via notepad but it is still not letting me post Keith?

hiphop99

https://www.docdroid.net/uTXn53a/draft-order-blanked.docx


I have posted my proposed set aside motion above – Please be as critical as you can! As always, any help is greatly appreciate. Let me know if there are any glaring errors.

I am also going to email for a SAR request today and will make mention of that in the text.

I have added more to the dismissal as I feel I have very legitimate grounds according to the terms of my lease.

1.10 - I am not sure about this as I exchanged letters with UK CPM in early 2019 and then I didn’t hear from them – moved out in August – so there was a big gap. Can I still leave this in therefore?

Appreciate any other thoughts on the above.

hiphop99

@Henrik - can you view that link?