Counterclaim for vexatious litigation to a PPC

KeithP

I can't fix the situation as it stands, I can only work with it as it is. I can't go back in time & create the perfect circumstances either.

Didn't my earlier post go some way towards 'fixing the situation'?

KeithP said:

You need to phone the CCBC and ask them nicely if they could possibly email you a copy of your Defence.

Lockable

Redx said:

of course its clear, so you need to get a copy of the paperwork emailed, SAR the ppc for all documents etc, start getting the details so people can help you

not having the paperwork doesnt help us to help you, so you should get copies and help us to help you

you need to get up to speed , get the details and post them , not moan about not having them , its your fault for not keeping copies and you have been told the consequences of not having copies to hand

you expect far too much from the volunteers here, we would help you but not without seeing what you have submitted, we tell it like it is , warts and all, personally I dont care if you like the replies or not, I look to see if they are factually correct, good advice so far, and they are

I do not believe you should pay because I doubt that your counterclaim is correctly pleaded , so I say NOT !!

Get the paperwork, I get it, you need to see the paperwork
This is the first clear advice. I haven't moaned about not having anything. Quite the opposite. 
So, don't pay for the counterclaim. Got it.
Does the 'not adhering to POFA '12 therefore no KL" defense work?
I thought this was strong enough, although they are cowboys and their ways are crap from start to finish.

Redx

your question was answered earlier and is in half the cases we see on here

example , the CLAIMANT asks you in court if you were the driver (or the judge does, or they both do)

what is your answer, because perjury carries a bigger sentence, if you were the driver and deny it

if you admit you were the driver , POFA is suddenly thrown out of the nearest window

if you say "no comment" , they will construe your answer as being the driver who wont admit it , by the laws of probability , say 51% to 49% that you were the driver

POFA is only useful where the keeper was NOT THE DRIVER, capiche ? especially in court

so if you are the keeper at the time but not the driver, then you can honestly say , "NO SIR , I WAS NOT THE DRIVER" , and only then does POFA assist you

Lockable

Redx said:

your question was answered earlier and is in half the cases we see on here

example , the CLAIMANT asks you in court if you were the driver (or the judge does, or they both do)

what is your answer, because perjury carries a bigger sentence, if you were the driver and deny it

if you admit you were the driver , POFA is suddenly thrown out of the nearest window

if you say "no comment" , they will construe your answer as being the driver who wont admit it , by the laws of probability , say 51% to 49% that you were the driver

POFA is only useful where the keeper was NOT THE DRIVER, capiche ? especially in court

so if you are the keeper at the time but not the driver, then you can honestly say , "NO SIR , I WAS NOT THE DRIVER" , and only then does POFA assist you

Yes, I can clearly say in court I was not the driver, hence my insistence on this being the case & my reliance on the particulars of POFA '12. 

Lockable

KeithP said:

I can't fix the situation as it stands, I can only work with it as it is. I can't go back in time & create the perfect circumstances either.

Didn't my earlier post go some way towards 'fixing the situation'?

KeithP said:

You need to phone the CCBC and ask them nicely if they could possibly email you a copy of your Defence.

Yes, I understand this but haven't been able to do as yet.

Redx

Lockable said:

Redx said:

your question was answered earlier and is in half the cases we see on here

example , the CLAIMANT asks you in court if you were the driver (or the judge does, or they both do)

what is your answer, because perjury carries a bigger sentence, if you were the driver and deny it

if you admit you were the driver , POFA is suddenly thrown out of the nearest window

if you say "no comment" , they will construe your answer as being the driver who wont admit it , by the laws of probability , say 51% to 49% that you were the driver

POFA is only useful where the keeper was NOT THE DRIVER, capiche ? especially in court

so if you are the keeper at the time but not the driver, then you can honestly say , "NO SIR , I WAS NOT THE DRIVER" , and only then does POFA assist you

Yes, I can clearly say in court I was not the driver, hence my insistence on this being the case & my reliance on the particulars of POFA '12. 

then that is one of your strongest points , but you cannot just rely on one point, it would be great if it was so easy, but it would be easier to help you if you obtain and post your defence below, as soon as the CCBC email it to you, plus any counter claim you have filed, so ask for that as well , so copies of both and post them on here , minus identifying info , so as drafts or redacted

email a SAR to the DPO at Conkai asap if not done so already

this is a hurdle race and you need to take it one step at a time, with assistance at every hurdle, also providing what people here ask for, because some people on here have assisted on hundreds of claims and a few counter claims , you do not appear to have done either before (and neither have I) , coupon mad and others HAVE , so accept what those people tell you and move on

KeithP

Yes, I can clearly say in court I was not the driver, hence my insistence on this being the case & my reliance on the particulars of POFA '12. 

That's good.
It would be even better if you were able to prove that you could not have possibly been the driver.
Are you perhaps able to prove you were somewhere else?
At work maybe, with your boss able to confirm that?
Or a Google maps timeline on your phone showing you were elsewhere?

You need to remember here that some judges might not be fully up to speed on POFA, so you may need to 'help' them come to the right conclusion.

Lockable

KeithP said:

Yes, I can clearly say in court I was not the driver, hence my insistence on this being the case & my reliance on the particulars of POFA '12. 

That's good.
It would be even better if you were able to prove that you could not have possibly been the driver.
Are you perhaps able to prove you were somewhere else?
At work maybe, with your boss able to confirm that?
Or a Google maps timeline on your phone showing you were elsewhere?

You need to remember here that some judges might not be fully up to speed on POFA, so you may need to 'help' them come to the right conclusion.

It's 5 years ago, sort of impossible to be certain where I was.
And yes, I understand this allows doubt as to my being the driver. Not sure how to overcome this. 

Lockable

Redx said:

Lockable said:

Redx said:

your question was answered earlier and is in half the cases we see on here

example , the CLAIMANT asks you in court if you were the driver (or the judge does, or they both do)

what is your answer, because perjury carries a bigger sentence, if you were the driver and deny it

if you admit you were the driver , POFA is suddenly thrown out of the nearest window

if you say "no comment" , they will construe your answer as being the driver who wont admit it , by the laws of probability , say 51% to 49% that you were the driver

POFA is only useful where the keeper was NOT THE DRIVER, capiche ? especially in court

so if you are the keeper at the time but not the driver, then you can honestly say , "NO SIR , I WAS NOT THE DRIVER" , and only then does POFA assist you

Yes, I can clearly say in court I was not the driver, hence my insistence on this being the case & my reliance on the particulars of POFA '12. 

then that is one of your strongest points , but you cannot just rely on one point, it would be great if it was so easy, but it would be easier to help you if you obtain and post your defence below, as soon as the CCBC email it to you, plus any counter claim you have filed, so ask for that as well , so copies of both and post them on here , minus identifying info , so as drafts or redacted

email a SAR to the DPO at Conkai asap if not done so already

this is a hurdle race and you need to take it one step at a time, with assistance at every hurdle, also providing what people here ask for, because some people on here have assisted on hundreds of claims and a few counter claims , you do not appear to have done either before (and neither have I) , coupon mad and others HAVE , so accept what those people tell you and move on

Am I requesting any specific info with the SAR or just all they have?

Lockable

KeithP said:

Yes, I can clearly say in court I was not the driver, hence my insistence on this being the case & my reliance on the particulars of POFA '12. 

That's good.
It would be even better if you were able to prove that you could not have possibly been the driver.
Are you perhaps able to prove you were somewhere else?
At work maybe, with your boss able to confirm that?
Or a Google maps timeline on your phone showing you were elsewhere?

You need to remember here that some judges might not be fully up to speed on POFA, so you may need to 'help' them come to the right conclusion.

If they haven't invoked POFA '12 at any point, they've literally never mentioned it,  can they still rely on it when it gets before a judge?