unpaid PCN, court hearing letter - case CLOSED

kokolino23

Hello,

Me again...I've received a letter with the court hearing date so I have to prepare my witness statement.

The claimant tried to settle an agreement outside the court (I've had a letter and a phone call) but I didn't agree with it.

I'll have a look here

https://forums.moneysavingexpert.com/discussion/6155269/court-claim-received-need-a-little-reassurance-that-im-in-the-right-direction/p1

and prepare my witness statement (mostly based on my defence, outlined here already) and I've got a question so far.

I don't think there is any benefit to involve the driver as a witness, would they force me in court to mention who was the driver at the time?

Do I need to email them my witness statement to the same email address as the defence?

I've got the email for the claimant's solicitors so I can email it to them as well.

@Redx @coupon-mad @KeithP

Thank you

Jenni_D

You are under no compulsion to identify the driver. If the judge asks if you were the driver then you must answer honestly - if you weren't then that would be easy.  

Coupon-mad

Don't use RobertCox's case.  The new one is the first WS by @ricky_balboa

Based on that one, here is another great example of a WS, by wobs2k 

https://forums.moneysavingexpert.com/discussion/comment/79182222/#Comment_79182222

kokolino23

Hello,

DCB Legal didn't bother to respond to my defence, do they have a legal requirement to do so?

They rang me asking for a settlement but I did refuse it.

I'm working towards my WS.

Thanks

KeithP

kokolino23 said:

DCB Legal didn't bother to respond to my defence, do they have a legal requirement to do so?

No - other than to file a Directions Questionnaire. 

kokolino23 said:

They rang me asking for a settlement but I did refuse it.

I'm working towards my WS.

Good.

kokolino23

@KeithP , @Coupon-mad , @Jenni_D My Witness statement, can you let us know your opinion, please? Many thanks

revised and updated on page 12

Coupon-mad

This bit is a bit muddled:

7.    A Notice to Keeper was sent to me dated 28/07/2017.  This is a lawful document and on reading it, it clearly gave the me 42 days to respond (Ex 2). However, the Claimant did not allow me 42 days to respond.  Instead, the Claimant sent a letter (Ex 3) dated 29/08/2017 which is before 42 days had elapsed.  The Claimant's letter reduced 42 days down to 28 days and stated...

The point is, the so-called NTK wasn't a 'lawful' POFA-compliant document.  A period of 42 days is in UKPC's imagination. It doesn't exist in Schedule 4 so the NTK was an unprofessional and misleading hotch-potch of legalese.

kokolino23

Coupon-mad said:

This bit is a bit muddled:

7.    A Notice to Keeper was sent to me dated 28/07/2017.  This is a lawful document and on reading it, it clearly gave the me 42 days to respond (Ex 2). However, the Claimant did not allow me 42 days to respond.  Instead, the Claimant sent a letter (Ex 3) dated 29/08/2017 which is before 42 days had elapsed.  The Claimant's letter reduced 42 days down to 28 days and stated...

The point is, the so-called NTK wasn't a 'lawful' POFA-compliant document.  A period of 42 days is in UKPC's imagination. It doesn't exist in Schedule 4 so the NTK was an unprofessional and misleading hotch-potch of legalese.

I'll rewrite that paragraph then, removing "lawful document".

1505grandad

Para 16 states IPC

Just checking  -  your post 2.1.2022  -  has the following been attended to if still relevant?:-

"Coupon-mad said:

It is up to you to note those last two pieces of evidence and make sure you Google and include them both as Exhibits in your later witness statement.

We are unlikely to look back here at that time and remember this as we deal with so many cases.  You must remember/note to include them as Exhibits because your defence says you will rely on them.

Thanks a lot, I've made a note already and I'll come back here with an update once the case is making progress

kokolino23

Coupon-mad said:

It is up to you to note those last two pieces of evidence and make sure you Google and include them both as Exhibits in your later witness statement.

We are unlikely to look back here at that time and remember this as we deal with so many cases.  You must remember/note to include them as Exhibits because your defence says you will rely on them.

Which ones are you referring to, please? Below?

The Defendant submits there is no cause of action against the registered keeper and will rely on the persuasive appeal case of Excel Parking Services Ltd v Smith and the words of expert parking law barrister and Lead Adjudicator, Henry Greenslade, in the POPLA Annual Report 2015 about cases where 'keeper liability' cannot pass.

Thanks