PCN Claim from 2020

Coupon-mad

Not dismiss.  But you can urge them to discontinue and say why.  That's perfectly reasonable.

KeithP

Mrscompliant said:

I have just received the directions questionnaire from the claimants legal team as the intent to proceed with the claim. They have also attached a letter saying 

"Without Prejudice to the above, in order to assist the court in achieving its overriding objective, our client may be prepared to settle this case etc........"

Is it worth contacting them telling them to dismiss the case and pursue the driver? As I've seen other similar posts where defendant contacted legal team and the case was dropped.

Thanks

Go back to that checklist you were following when you filed your Defence.

Item 7 on that list tells you exactly how to deal with that letter...

Items 8, 9 and 10 on that list are also worth rereading.

Mrscompliant

When sending the Direction questionnaire back, do I send it to the Claimant or to the Legal team on behalf of the Claimant

KeithP

Mrscompliant said:

When sending the Direction questionnaire back, do I send it to the Claimant or to the Legal team on behalf of the Claimant

Was my reply on 11 April at 2:28PM of no help?

Once again I say...
"Go back to that checklist you were following when you filed your Defence".

This time I suggest you move on a little bit and read item 10 on that list, but I have already suggested you re-read that.

Mrscompliant

Sorry about that and thanks for the guidance.

I keep forgetting to go back to the checklist and follow from there.

Mrscompliant

Looks like the claim is going to be transferred to a country court for allocation.

What are the next steps i should do in regards to this. 
Also is there any way for me to view or request the documents that the claimant will be using in court?

Thanks

Coupon-mad

Where the Template Defence 12 steps leave it, the process is picked up in the NEWBIES thread under the RED CAPITALS heading designed to grab your attention about 'KNOW WHAT HAPPENS WHEN'.

That's why it's there. We can't do the basics piecemeal on every thread.

 is there any way for me to view or request the documents that the claimant will be using in court?

You haven't done a SAR?  As per the NEWBIES thread?

Mrscompliant

Ok my next step would be to write a Witness Statement. Since i am defending as keeper i would have to include:

(d) if you are defending as keeper, not driver, include a copy of Schedule 4 of the POFA - there is a link in post #1 above. Plus a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.

(i) the Approved Judgment from Southampton, plus paras 98, 193 and 198 from Parking Eye v Beavis copied & pasted onto a single sheet.

Am i on the right track and Is there anything else i should be including?


I have done a SAR, and they have sent me: PCN notice, reminder and legal action letters.
But how can they use these documents and try and claim money from me as a registered keeper? Don't they need to prove that i (registered keeper) was the driver at the time of incident to make a claim?

Thanks







---------
(Next Steps) < Leaving this link here as reference for next steps

Coupon-mad

Not the Southampton case.  That's old news and will be removed from the NEWBIES thread soon.

Look at the WS by @aphex007 (a BPA case) and the one by @wobs2k (I think that was an IPC firm).

Mrscompliant

Great thanks for the info. Is there any WS examples that apply to my situation since the WS(s) from these users were the drivers. 

Would i also have to go to the location of the parking incident to gather pictures etc.? Sorry for the questions this is bit overwhelming.

After my WS should i fill a form to get help with court fees or will that be after the hearing