UKCPS - Driver Observed Leaving Site

Nobuyoshi

Grizebeck said:

Coupon-mad said:

Yep - appeal to IAS stating there is no evidence of any driver leaving the site.

To late now. Ignore Ukcps and any debt recovery letters

Yes, unfortunately too late to appeal via IAS as mentioned in the first post. 

Seems that the best move now is to ignore any other correspondence from UKCPS.

Thanks for your advice

Umkomaas

Seems that the best move now is to ignore any other correspondence from UKCPS.

Unless you receive a highly unlikely Letter Of/Before Claim or court papers from the Northampton CCBC. Come back on this thread if you do. 

All that said, 'leaving the site' is probably the most difficult case to pursue at court level. I've not seen any PPC issue a claim, let alone a successful one, since the disastrous (for VCS) Ibbotson case. UKCPS haven't run any kind of court case for around 3 years, and I'm sure they aren't going to restart with a 'leaving the site' punt. 

Johnersh

They stated that they did not have photographs/CCTV footage of the driver leaving site, and instead had a written statement/description from the patrol officer. 

So if this is contemporaneously prepared (prior to notifying the o/p of a possible claim) it is discloseable now.

If it was prepared afterwards, in contemplation of litigation, then it is likely privileged. 

However, since we now know one has been prepared, if that statement is not served with the witness evidence then they clearly have no or no adequate evidence and the court be asked to find that the ppc has failed to prove its case. 

Nobuyoshi

Johnersh said:

They stated that they did not have photographs/CCTV footage of the driver leaving site, and instead had a written statement/description from the patrol officer. 

So if this is contemporaneously prepared (prior to notifying the o/p of a possible claim) it is discloseable now.

If it was prepared afterwards, in contemplation of litigation, then it is likely privileged. 

However, since we now know one has been prepared, if that statement is not served with the witness evidence then they clearly have no or no adequate evidence and the court be asked to find that the ppc has failed to prove its case. 

Just to clarify, the written statement from the patrol officer was included in the SAR information sent by UKCPS.

It was much as you would expect, one sentence describing the appearance of the driver and another sentence stating 'driver observed leaving site in the direction of...' 

KeithP

How about asking for that 'patrol officer' to attend any hearing so that his testimony can be questioned?

Grizebeck

KeithP said:

How about asking for that 'patrol officer' to attend any hearing so that his testimony can be questioned?

It will never reach court

patient_dream

UKCPS ?    What fools even thinking that one of their goons was a witness

The goon wants his commission  ..... that will amuse a judge ?