Received a letter from court.

TM74

(Updated )

3. The facts as known to the Defendant:

4. Through research the Defendant has come to understand the claim relates to a PCN(s) that was issued against the Defendant’s vehicle xxxxxxY over 5 and a half years ago on xxxxxx 2016 at a location in xxxxxx known as xxxxxx Road Car Park.

It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the driver of the vehicle in question and is unable to recall who was driving on that unremarkable day over 5 years ago.

5. The Defendant believes that the Notice to Keeper was not compliant with the Protection of Freedoms Act 2012 (‘POFA’), and therefore incapable of holding the keeper liable with the ‘keeper liability’ requirements set out in the ('POFA'), Schedule 4.

TM74

Having read through Coupon mad template there are abbreviations like 'ADR' which is not mentioned in full terms for the first time - should that be a concern ? 

Umkomaas

TM74 said:

Having read through Coupon mad template there are abbreviations like 'ADR' which is not mentioned in full terms for the first time - should that be a concern ? 

It's highly unlikely that a Judge wouldn't know what ADR is, but there's nothing to stop you placing the full title in your paperwork, in case he doesn't! 

'Alternative Dispute Resolution'.

TM74

Yeah I was just referring to politeness.

KeithP mentioned in another post to use full term then short after...but if its no big deal that I'm good !

TM74

@KeithP can you kindly give me the email address I should send this too as I can't find it and have to work at same time.

I've learnt a harsh lesson not to leave things to the last minute!

Jenni_D

As this is your defence then all you need to do is look at the 12 numbered steps in post #1 of the Template Defence thread ... it is shown there.

Coupon-mad

You can't say this for sure, can you?

The Defendant was not the driver of the vehicle in question.

I did say you can't 'deny'.  

TM74

I have had to think hard and I cannot remember who the driver now was CM because it was almost 6 years ago on that unremarkable day.

So based on that would it be okay to put that .

Has to be sent before 4pm today btw.

TM74

@Coupon-mad the problem I have is if I was to suddenly remember who was driving the car then my case looks very weak vrs the one where I'm now actually having doubts as to who was the driver hence why I've changed it, and because Highview didn't have pofa it makes my case stronger ? 

Jenni_D

If the judge asks you the question, how will you honestly answer? If you can honestly say "I've no idea - it was so long ago" then using that line of argument in your defence is fine.