Received claim form from Country court - DCB Legal / CCPC LTD

Coupon-mad

Ah, so sorry forget that.  I must have muddled your case up with a VCS case!  Oops!

But when I read your WS I was left thinking that the first question that the Judge will ask you is "were you driving?"  

The statement reads like you are hiding knowledge of who was driving.  When the NTK arrived, you'd have known if it was you behind the wheel that day.

In my experience, hiding behind the PoFA if you know you were driving is a bad stance to take when you are going to be sitting there at the hearing and will be asked questions.  I'd admit to driving if you were, drop the PoFA stuff and go in heavily on illegible signage.

Echino

Thanks for the response. 

The NTK didn't arrive until 23 days after the incident. I genuinely can't remember with certainty if I was driving or not. Other people have driven my csr in the past including my mechanic. Do you think I just need to move it further down in the witness statement and move the issues about signage further up?

Would POFA still not help here regardless of who was driving as they still only have 14 days to delivery the NTK when using ANPR cameras?

Do you think the case I have made about the signage, lack of light and my evidence could be a string enough case alone - or do you think I need to make this argument more robust and detailed?

Many thanks 

Coupon-mad

I think it's all fine but why doesn't the start of your WS (or near the start) tell the Judge this?!

"I genuinely can't remember with certainty if I was driving or not. Other people have driven my car in the past "

Echino

Hello, my WS is now ready to send. 

This may be the most dumb question you have ever encountered on this forum, but:

Where do I send my WS to? I know I need to send it to the claimant, but there is no specific email address mentioned for WS on the letter from the local county court. Do I just send it to the civil case email address listed on the CC website with the reference written in the subject line?

Gr1pr

If they have a website, the various email addresses are on there for various tasks and submissions, so use the correct address from your local court website 

As for the other party, it's usually the lawyers acting on behalf of the claimant. ( Not the defendant, the defendant being yourself, the one sending it out, to 2 other parties, claimant ( usually to a lawyer company. ). and also to your local civil court. )

1505grandad

"I know I need to send it to the defendant...."?

Coupon-mad

Your are the Defendant!

Ring the court in Tuesday and ask.

LDast

GIYF: https://www.find-court-tribunal.service.gov.uk/search-option

Echino

slight update on this case:

Had an email from DCB legal offering to settle the case for a reduced fee. Then I sent my WS last night and had a further telephone call from them this morning asking if I would like to settle for a reduced fee (approx £100 discount - cheek). I just said that I am not willing to pay a penny and that I would see them on the court date. 

In addition I have managed to find out the telephone number and email address of the people who manage the land - previously this was proving hard to track down. Is it worth writing anything to the landowner to try and get them to encourage CCPC to discontinue the case?

Thanks

Coupon-mad

I reckon your discontinuance will arrive by tomorrow anyway.