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About to file my defence

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 December 2020 at 4:40PM
    I trimmed quite a bit off the defence, but I am worried they might try to say that they replaced the names in the form with 'REDACTED' for privacy or something? or is there no risk of this?
    Yes there is a risk of it if that screenshot came from the scammers, but if you were not the driver then you must say so in the defence and WS. 

    That is then the truth (for the Claimant to show otherwise) and you must try to prove that you were working that day.  Also append proof of this space allocated to you down the end, or a Google earth screengrab with an arrow pointing to it.  If you have never driven that car, say so. If you have but only on a few different occasions and not on the material date, say so.
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  • Fruitcake
    Fruitcake Posts: 59,490 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 December 2020 at 9:19PM
    Ask the DVLA if you have ever been the registered keeper of the vehicle in question.

    A driver is liable if they have been identified and have admitted to being the driver.
    If it is not proven, or the person denies being the driver then liability reverts to the keeper.
    If you have never been the keeper of said vehicle then you cannot be liable.
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  • Hade
    Hade Posts: 6 Forumite
    Part of the Furniture First Post Combo Breaker
    Thank you again for your help guys.
    I've had a tough year financially and this was causing me a lot of stress. After being under attack like this I was almost losing faith in humanity. Helping a stranger out like this for nothing in return is a genuine act of kindness and the world is a better place for people like you. If I can do anything in return to help you out, please PM me. My expertise is websites/technical.

    I changed point 4 of the defence to:
    4.The contact name of the notifier details entered into the the liability notifier form are “Mr REDACTED REDACTED” at address “Redacted, Redacted, REDACTED, UK”. The full contents of this form submission were obtained from the claimant by a SAR (Subject Access Request) and has been submitted as evidence to support this defence.
    ---
    I added the following line to the WS:
    2. I have never driven the vehicle in question and have never been the registered keeper of this vehicle.
    ---
    I changed point 2 to:
    2. The defendant has never been the registered keeper and has never driven the vehicle in question at the time and date of the alleged contravention.

    ---
    I contacted DVLA to ask for confirmation on whether I have ever been the registered keeper of this vehicle. The answer is a no of course. I'll submit the response as evidence if it arrives in time.
    ---
    Question
    Is it worth submitting evidence that my business partner was targeting me and embezzling funds/stealing business from our company? I have plenty of evidence of this. Also have recorded audio of me confronting him telling him he was committing a criminal offence.
  • Le_Kirk
    Le_Kirk Posts: 25,151 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Hade said:
    I changed point 2 to:
    2. The defendant has never been the registered keeper and has never driven the vehicle in question at the time and date of the alleged contravention.
    I think your point 2 is confusing.  Can you not just say: -
    2. The defendant has never been the registered keeper and has never driven the vehicle in question. at the time and date of the alleged contravention.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I contacted DVLA to ask for confirmation on whether I have ever been the registered keeper of this vehicle. The answer is a no of course. I'll submit the response as evidence if it arrives in time.
    Add the above to your WS as well, then when you hear from the DVLA you can submit a supplementary WS referring to the previous one and appending the DVLA reply.
    ---
    Question
    Is it worth submitting evidence that my business partner was targeting me and embezzling funds/stealing business from our company? I have plenty of evidence of this. Also have recorded audio of me confronting him telling him he was committing a criminal offence.
    I can't think how you could append evidence of that without taking the case off on a tangent that the Judge won't be interested in.
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  • Hade
    Hade Posts: 6 Forumite
    Part of the Furniture First Post Combo Breaker
    Great thank you guys.
    I'll contact the courts tomorrow and get everything submitted. Watch this space!
  • Could you obtain a WS from a colleague to say that you were in the office at the time of the contravention or computer records of emails etc. that you were working on at the time. You must have been working on something that created a trail.

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