Counterclaim for vexatious litigation to a PPC

Redx

Lockable said:

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 said:

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?

all your documents, pictures , and data , anything that is about you, only you, as a data subject , under the GDPR, see the newbies thread where there is a template etc (top of this forum), its a common question so a communal answer , GDPR rules (email it , do not post it , add either a copy of the V5C if you have it, OR 2 recent redacted utility bills with name , address and date showing instead , you must give them proof of I D , but not your passport or driving licence)

the POFA has to be on the initial NTK to hold a keeper liable, I doubt they complied, they probably are not saying that they bring it under POFA , THEY WONT HAVE ANY PAPERWORK TO SHOW THAT THE NTK COMPLIED WITH POFA

but as KeithP said, YOU MAY HAVE TO GUIDE A JUDGE THROUGH IT, SO A GOOD WITNESS STATEMENT AND EXHIBITS ARE REQUIRED IN A FEW MONTHS TIME

excuse the caps

as for your defence and WS , you put them to strict proof that they complied with POFA, knowing they cannot

Lockable

Redx said:

Lockable said:

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 said:

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?

all your documents, pictures , and data , anything that is about you, only you, as a data subject , under the GDPR, see the newbies thread where there is a template etc (top of this forum), its a common question so a communal answer , GDPR rules (email it , do not post it , add either a copy of the V5C if you have it, OR 2 recent redacted utility bills with name , address and date showing instead , you must give them proof of I D , but not your passport or driving licence)

the POFA has to be on the initial NTK to hold a keeper liable, I doubt they complied, they probably are not saying that they bring it under POFA , THEY WONT HAVE ANY PAPERWORK TO SHOW THAT THE NTK COMPLIED WITH POFA

but as KeithP said, YOU MAY HAVE TO GUIDE A JUDGE THROUGH IT, SO A GOOD WITNESS STATEMENT AND EXHIBITS ARE REQUIRED IN A FEW MONTHS TIME

excuse the caps

as for your defence and WS , you put them to strict proof that they complied with POFA, knowing they cannot

OK, SAR I can do. 
I can certainly illustrate failure to comply with POFA, I have every single piece of correspondence that ever happened between them & myself.
Do they have any other  ways of coming at me that I will have to address or does a well turned out rebuttal of KL win the day?
They have all the usual bad practice like poor signage, they've also lost cases at POPLA in exactly the same location due to a forbidding contract on the signage. Will I be able to use such things or am I stuck with whatever I wrote on the acknowledgment?

Redx

you cannot add new points to a submitted defence so you jumped the gun there , but your WS + Exhibits + Summary costs schedule can rebut POFA etc , you can add any exhibits as proof in accordance with anything in your defence and in your WS , YOU CAN INCLUDE EVIDENCE SUCH AS POPLA CASES OR OTHER COURT CASE TRANSCRIPTS as well , so as much as possible that bolsters your account and shoots holes in theirs

these questions you are asking are dependent on the submitted paperwork, hence why we asked to see it , its all speculation until we see the exact words you wrote

if the claimant states in their claim or papers that they are not bringing the claim under POFA, then that is your open door to slam it shut on them in your WS plus Exhibits , plus using their papers against them

Coupon-mad

They have all the usual bad practice like poor signage, they've also lost cases at POPLA in exactly the same location due to a forbidding contract on the signage. Will I be able to use such things or am I stuck with whatever I wrote on the acknowledgment?

You are stuck with your defence plus the test of fairness of the terms and notices from the Consumer Rights Act 2015 (luckily for you, the court must consider the fairness of the terms and notices - signs - whether a consumer mentions it or not!). Some Judges don't know that yet...

zhonguonuren

They have all the usual bad practice like poor signage, they've also lost cases at POPLA in exactly the same location due to a forbidding contract on the signage. Will I be able to use such things or am I stuck with whatever I wrote on the acknowledgment?

I do a lot of claims and quite often know a lot more about the case by the time it comes to the witness statement than I did when I served the particulars of claim.  It’s ok to admit you are a lay person - helpful in fact, just apologise if you are told off for not putting it in the defence.  I have never been told off !

So, I would put everything in the witness statement that is helpful to your case.  I wait until I receive the other sides WS before I send mine to the court/claimant as quite often there are ‘fibs’ that I then refer to with the truth.  
If you win your case go in with a money claim afterwards (rather than a counter-claim which often fails - unfairly).  Quite often I win claims by default - 2 today in fact.  It’s great when the boot is on the other foot - but I do make sure all my claims are reasonable because I have to be prepared to go to court and I have been threatened so many times with costs by the defendant.  

Best of luck.  Zhong 

zhonguonuren

I’m not sure what happened to your defence but I would write a very polite letter to the court/bulk centre/wherever you sent it.  Apologise profusely, offer to pay postage etc etc.  Obtain proof of postage.  

If you don’t receive a copy back or even an acknowledgement, I would include a copy of that letter (and proof) in your bundle to court.  

Coupon-mad

Could ring them up and say you've decided not to pursue the counter claim but please could they email you a copy of what you put.

Le_Kirk

Coupon-mad said:

Could ring them up and say you've decided not to pursue the counter claim but please could they email you a copy of what you put.

........... and a copy of your defence.  You will need that when you do the witness statement (WS) in support of your defence as already filed.  You might, as others have said, be able to rescue this by writing a really strong WS.

nosferatu1001

OP - you got one shot at your defence, and one shot only. You can ask to amend your defence. That will cost you £255 with no g'tee of success. COmplete no brainer - dont do it. 
So once you have a copy of the defence from the CCBC, post it word for word, minus your ID, here. 
You need to get your thinking cap on. WHile they cannot prove you were the driver, because you were not, it is helpful if you can throw doubt. For example
- how many people insured?
- how many in household that regularly drove it then?
- any records from your phone 5 years ago in location history?
Before you dismiss, try it, Because failing to prepare wont doom you, but if you get a judge who decides - as they can - that you are the driver as a matter of fact, youre screwed