Paintbrush vs DCB Legal - Writing Defence

Redx

No , they won't notify you

It's a hearing , not a trial , it's civil court !!

Your court order tells you when to submit your bundle to your nominated court and claimant

The above order is about letting the court know your contact details , it says within 7 days of the that order , so I would do so within the next few days , then I would email again 3 days before the hearing , just to be sure

Coupon-mad

I expect someone has been cut & pasting that order and merged two sentences.  Important that you see what it says about the deadline for WS & evidence.

Paintbrush123

Hi Coupon,
I have gone back through all the letters and none of them state when I should submit evidence by - is there any way of checking without painstakingly sitting on hold for 30 minutes to the court again?

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Paintbrush123

Found it! "No later than 14x days before the hearing" 
I received 2x letters - one of which just states the Claimant must pay £25 without too much other info and another one with 15 steps - for anyone reading it is point 6 to take note of, at least in mine!
Fun weekend ahead then ...

KeithP

That's ok - you're welcome.

Paintbrush123

Evening All, 
Received an email from legal - advice would be appreciated!
"We trust you appreciate that someone, driving your vehicle, did incur the parking charge notice. Our client is entitled to pursue that person for the legally owed debt; however you have neither informed our Client you were the driver, nor provided a name and serviceable address for the driver (if it was not you). This is despite the fact our Client has requested you provide that information on numerous occasions. We now ask you; 
1. Who was legally entitled to drive your vehicle at the time the PCNs were issued? Please support this with insurance evidence; and
2. How many people frequently drove your vehicle at the time the charges were issued and please elaborate as to the circumstances why; and
3. Taking into account your answers to the above, please confirm the name and serviceable address of the driver?
We await your response in writing, Should you choose not to do so, please be aware that the above questions will be put to you during the cross-examination at the hearing. You should be aware that during cross-examination, you are required to answer the questions truthfully, or risk contempt of court. This letter will be placed on the Court file prior to the hearing."

Fruitcake

1. About thirty five million people in the UK including the claimant's employees. I can't comment on the number of people outside the UK who are legally entitled to drive a private vehicle. I suggest you ask everyone who is insured to drive a vehicle not belonging to them if they were driving, including your own staff.

2. Several, for business, social, domestic, and pleasure use.

3. Surely if you are bringing the claim, you should have determined the identity of the driver at the time of the alleged event. Should you choose not to identify the driver, please be aware that the above questions will be put to you during the cross-examination at the hearing. You should be aware that during cross-examination, you are required to answer the questions truthfully, or risk contempt of court.


Alternatively, ignore it. The fact that they are so desperate to find out who was driving implies that they know the keeper cannot be held liable.

Redx

Been asked and answered a dozen times recently on here !!

Paintbrush123

I am writing out my WS now and just wondered can I still reference: POPLA Annual Report 2015 ... or not as this was published 7x months after the parking event? Thanks