County Claim CP Plus/ DCB Legal

Le_Kirk

The Claimant has sat in silence for 5 years and thrown together a claim together just because they are still holding a keeper’s data.

Maybe remove one of the repeated words: -

The Claimant has sat in silence for 5 years and then thrown together a claim together just because they are still holding a keeper’s data.

I have researched this matter, after receiving this exorbitant claim. CP Plus NTKs are (and always have been) non-POFA ‘driver only’ documents

Better as (note no comma required between "matter" and "after"): -

I have researched this matter after receiving this exorbitant claim and discovered that CP Plus NTKs are (and always have been) non-POFA ‘driver only’ documents ..............

BellieBe

Thanks so much Le_Kirk

BellieBe

Couple of questions please. 
Do I append the DFT Mandatory Circular in full (it's around 20 pages) or just the relevant page?
One of my points is that they've added 3 PCN's to the claim at the last minute.They have included PCN's that aren't on the Letter of Claim or official Claim Form. Do I need to append the Claim Form or will the judge have it? Also, they say that that's not a thing since I didn't complain with Pre-Action Protocol but until I had the WS, I wouldn't have known they were including these 3 instead of the 3 that were incorrect.
Any ideas on how  I include my Defence, can that be as a separate document? If I imbed it within the WS & Exhibits it messes up all the formatting. 
Thanks. Sure I'll have a few more questions, need to get this off for tomorrow...

BellieBe

Scratch that last question, I've got the defence in the document. Guessing it doesn't matter on the order. I've just put it after the WS.

Coupon-mad

Do I append the DFT Mandatory Circular in full (it's around 20 pages) or just the relevant page?

I'd attach the whole thing and refer to the page number you want to highlight.

One of my points is that they've added 3 PCN's to the claim at the last minute.  They have included PCN's that aren't on the Letter of Claim or official Claim Form. Do I need to append the Claim Form or will the judge have it?

The Judge will have the claim for, so just point out the above in your own words.

Also, they say that that's not a thing since I didn't complain with Pre-Action Protocol but until I had the WS, I wouldn't have known they were including these 3 instead of the 3 that were incorrect.

Again, we agree.  Just point out the above in your own words.

BellieBe

They didn’t even show up for the preliminary phone hearing. The judge went through a few things and decided to set another preliminary hearing. I was really hoping this would all be decided today.  

Le_Kirk

BellieBe said:

They didn’t even show up for the preliminary phone hearing. The judge went through a few things and decided to set another preliminary hearing. I was really hoping this would all be decided today.  

Just how many chances do the "so-called professionals" want and be given.  If that had been you that hadn't turned up, the claimant would have requested (and likely been given) a judgment in their favour.

BellieBe

Finally!! Judge just dismissed the case at the rescheduled preliminary hearing. They did have representation this time, but the Judge basically struck out each PCN because the NTKs were non-compliant for keeper liability. They tried to insist they were pursuing the keeper as the driver but he rightly wouldn't allow it. He didn't even look at my defence or ask me any questions. He didn't award costs- not even the costs the judge had awarded for the no show- but it would have cost them plenty just getting it to this point.  So happy it's over- I posted about this originally on 11 May last year so it's been a long slog. Thanks so much everyone for your help.

Redx

Well done , C P Plus and dcb legal lose again , incompetence and POFA !!

Another one bites the dust !!

Le_Kirk

Well done - another winner!