PCN with County Court N1 form (Excel (ELMS Legal))

Ed2022

Thank you @KeithP for the reminder. Indeed it has been at my request as geographically closer than Walsall.

Snakes_Belly

FYI the Lichfield case that was heard at Nuneaton was dismissed as there were inaccuracies in the information provided by Excel. If this case had been heard on papers the inaccuracies may not have come to light. 

Ed2022

Snakes_Belly said:

FYI the Lichfield case that was heard at Nuneaton was dismissed as there were inaccuracies in the information provided by Excel. If this case had been heard on papers the inaccuracies may not have come to light. 

Thank you. I know @Coupon-mad had mentioned to also state the date error issue and that the DDJ should stike out. I’ve already mentioned this in the DS.

Ed2022

Morning all.

An update, the date has been set for the 30th Jan. The course is still has not been paid the court fee of £27, the case will be struck out if it isn't received by the 30th Dec.
The case files latest date of submission is 28-days before the hearing.
Excel sent another begging letter, the case they feel against the Defendant is strong so would you like to settle.

A question I have, if the defence statement is from the perspective of the owner but not admitting driver liability, does the witness statement also continue in the same narrative?

Thanks.

Ed.

KeithP

Ed2022 said:

A question I have, if the defence statement is from the perspective of the owner but not admitting driver liability, does the witness statement also continue in the same narrative?

Yes if the Defendant wasn't driving.

 I've not read back through the thread, but clearly the Defendant's Witness Statement should be from the perspective of the Defendant.

Ed2022

KeithP said:

Ed2022 said:

A question I have, if the defence statement is from the perspective of the owner but not admitting driver liability, does the witness statement also continue in the same narrative?

Yes if the Defendant wasn't driving.

 I've not read back through the thread, but clearly the Defendant's Witness Statement should be from the perspective of the Defendant.

And if the defendant was the driver?
The DS does not admit the driver, just a defence statement as the keeper.

Le_Kirk

Ed2022 said:

Morning all.

The course is still has not been paid the court fee of £27, the case will be struck out if it isn't received by the 30th Dec.

A question I have, if the defence statement is from the perspective of the owner but not admitting driver liability, does the witness statement also continue in the same narrative?

Cannot understand this bit!  The defence is written by the keeper (who may or may not be the owner) and the witness statement should back up and support what was stated in the defence.  Whilst the defence may be from the keeper and not admit to being the driver, it is unwise to lie in court; just imagine what the defendant will say it the judge asks outright "were you the driver on the day?"

Ed2022

Le_Kirk said:

Ed2022 said:

Morning all.

The course is still has not been paid the court fee of £27, the case will be struck out if it isn't received by the 30th Dec.

A question I have, if the defence statement is from the perspective of the owner but not admitting driver liability, does the witness statement also continue in the same narrative?

Cannot understand this bit!  The defence is written by the keeper (who may or may not be the owner) and the witness statement should back up and support what was stated in the defence.  Whilst the defence may be from the keeper and not admit to being the driver, it is unwise to lie in court; just imagine what the defendant will say it the judge asks outright "were you the driver on the day?"

Apologies - typo, I mean to say the court still has not been paid the fee by Excel.

good point regarding admission of who the driver is.

Just to confirm what you've said - the DS was written by the keeper not admitting the driver. The WS would then confirm e.g., the person driving the car (which maybe the keeper).

Coupon-mad

I wouldn't play games.

If you know now that you were the driver, after giving the matter thought and looking at the evidence that Excel sent you in the SAR reply (that I assume you got) then do a WS as the driver, talking about what happened and what went wrong/was unclear.

1505grandad

Can you post the actual Defence paras you changed in the template D  -  was wrong date stated?