Submitting a defence for a UKPC CCJ claim - advice pls?

KeithP

As I said earlier, it is unlikely that UKPC complied with paras 13 and 14 of POFA when sending a Notice to Hirer to you.
Did they send you a copy of the hire agreement as those paras of POFA demand?
If not. then with a good Defence, they cannot transfer any driver's liability to you - the hirer.

Nik1664

KeithP said:

As I said earlier, it is unlikely that UKPC complied with paras 13 and 14 of POFA when sending a Notice to Hirer to you.
Did they send you a copy of the hire agreement as those paras of POFA demand?
If not. then with a good Defence, they cannot transfer any driver's liability to you - the hirer.

Thanks Keith - no they didn't send me a copy of the hire agreement. The only correspondence I have received are:
1. a letter before action stating the car registration which I received in June 2022 -which I didn't reply to as I ( incorrectly) thought they wouldn't take it any further.
2. The CCJ court letter which only has the particulars of the claim I have referenced above.

I appreciate that I have to write my own defence - but this still leaves me with my first question - what I should be saying in the defence other than

" it was a hire car but as this claim is from 2017 I cannot recall anymore details and UKPC haven't provided me with any additional info"

Coupon-mad

Search the forum for Highview defence unremarkable day and swiftly crib, adapt and copy what recent 2022 HIGHVIEW defences (yes I know yours isn't Highview) have as the necessary wording about liability, changing it (a bit) to add 2 extra paragraphs:

- denying that the Defendant is liable as the driver or keeper.  This is because the numberplate is unfamiliar and was not owned by the Defendant, who was not the registered keeper but only the hirer of this vehicle and it is not known which driver in the family parked that day, therefore the Particulars are incorrectly pleaded.  

- Even if the Claimant now applies to the court for permission to amend the Particulars of Claim to try to allege 'hirer liability' this will fail because the Claimant has never (in any reported case) complied with paragraph 13 and 14 (the hire section) of Schedule 4 of the POFA 2012.  There can be no hirer liability and nor can it be presumed that the hirer was the driver, which is unlikely because (why? ... others in the family used that location more commonly and the Defendant worked full time?  Or what?)..