BW LEGAL CLAIM FORM

rocky24

Hi all, 

I can confirm that the AOS has now been resubmitted with a newly completed claim form signed by the Defendant and emailed to the CCBC. 

Please may I now request some help with the defence statement on behalf of the Defendant or does the Defendant need to start a completely new thread?

Thanks as always.  

Coupon-mad

You simply do what @KeithP advised you to do already, and show us the draft para 2 and 3 here, just as you see in every defence/claim thread you read. 

I'd read at least a dozen on the forum over the weekend to see what people put.

rocky24

Evening all, please see draft para 2 and 3 below, I have tried to keep it as concise as seen in other threads. As always thanks for your help:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but not the driver and liability is denied.

3.  The Defendant has had no communication with the Claimant until the letter of claim was received. The Defendant has been made to feel vilified and harassed by the letter of claim. The Defendant also cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

KeithP

Apart from feeling 'vilified and harassed', what has the Defendant been accused of?
Are you not going to mention anything about the parking incident in your Defence?

As I wrote at the beginning of December...

...you have until 4pm on Wednesday 22nd December 2021 to file your Defence.

That's less than two days away.

rocky24

Apologies this is all new to me so still getting my head round it all.

The Defendant wasn't driving so is not aware of circumstances surrounding the parking incident. Thanks for pointing out that what the Defendant has been accused of should be mentioned, that will be added in. 

KeithP

It's not that the Defendant needs to 'add that in', but he needs to challenge the accusations that have been made against the driver.

rocky24

Understood thank you for explaining. 

rocky24

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but not the driver and liability is denied.

 3.  The Defendant has had no communication with the Claimant until the letter of claim was received and the particulars of the claim lack specificity and are based upon a total lack of clarity. The Defendant is not aware of the circumstances surrounding the event, accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct. The Defendant has been made to feel vilified and harassed due to the Claimant's issuing of an unjustified PCN. The Defendant also cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

KeithP

Does the Defendant know who was driving?

I'm not suggesting you tell us who was driving, far from it, but it does seem to me to be only sensible for you, the keeper, to ask the driver what this is all about.

Redx

The OP was the driver , the OP is assisting the keeper , partner , defendant , who wasn't driving

The defendant is not aware of the circumstances , the OP seems unsure too , so cannot tell the keeper

It would be better and simpler if we advised the keeper defendant directly , instead of via a third party