UKPC - County Court Claim - Hearing

Coupon-mad

Depends how you want to defend and come across to the Judge, if it proceeds all the way to a hearing.  Think about it!

Citizen_K

I think i would admit to being the driver, but argue the PCN is unwarranted and extreme.

So i think i will keep it as it is but take out part 4 then? then do you think I'm good to go? just want to be sure before submitting tomorrow.

B789

It also depends on what you told POPLA in your second appeal. However, if you're sure you have not revealed the identity of the driver, why wouldn't you use that as another limb in your defence?

I think I see where @Coupon-mad is coming from in that, should this proceed to a hearing in front of a judge, how would you answer a question from him/her "were you the driver?". Personally, I am not sure on the obligation to actually answer other than "I prefer not to divulge that information, as is my right". Of course, p!ss!ng off the judge is never a good idea.

1505grandad

A reminder of the template defence notes:-

"The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle.

^EDIT THIS PARAGRAPH EVERY TIME, REGARDING WHO WAS DRIVING^.  

If you were driving, add 'and driver'.   

If you were not the registered keeper (e.g. you were the hirer) change the wording.

Alternatively, if the Defendant doesn't know who was driving, say that.

Alternatively, deny being the driver if you weren't (ONLY IF TRUE)."

Besides no attempt has been made to conceal drivers id in all the posts on this thread  -  it may be that a copy has already been obtained by any relevant interested parties which could be included in claimant's WS. It has been known!

Citizen_K

B789 said:

It also depends on what you told POPLA in your second appeal. However, if you're sure you have not revealed the identity of the driver, why wouldn't you use that as another limb in your defence?

I think I see where @Coupon-mad is coming from in that, should this proceed to a hearing in front of a judge, how would you answer a question from him/her "were you the driver?". Personally, I am not sure on the obligation to actually answer other than "I prefer not to divulge that information, as is my right". Of course, p!ss!ng off the judge is never a good idea.

I honestly don’t remember a 2nd appeal and in the documents I have now there’s isn’t any 2nd appeal there. 

I don’t really know what avenue to take now as if it went to a judge (is this likely to happen?) I don’t know what to say. I’m leaning towards admitting to driving but is that a bad idea? 

Coupon-mad

You won't even reach a hearing.

No need at this stage to say who was driving.  This is really simple.  Just copy & adapt Johny86's defence, with something vague in paragraph 3 about the car park and how crap the signs are there.

B789

Citizen_K said:
I honestly don’t remember a 2nd appeal and in the documents I have now there’s isn’t any 2nd appeal there. 

I don’t really know what avenue to take now as if it went to a judge (is this likely to happen?) I don’t know what to say. I’m leaning towards admitting to driving but is that a bad idea? 

Just as you can't remember if you submitted a POPLA appeal, most people cannot remember who was driving their car on an unremarkable day several years ago. If you don't know, then the claimant has to prove beyond a reasonable doubt that you were indeed the driver. There can be no assumption just because you are the RK.

Citizen_K

ok thanks all, I submitted the Defence and received the acknowledgement back. So I will do the DQ next or wait til I receive it.

many thanks again for everyone's time.

Le_Kirk

Citizen_K said:

ok thanks all, I submitted the Defence and received the acknowledgement back. So I will do the DQ next or wait til I receive it.

If you are following the 12 steps that come with the template defence  thread, you will be able to read what to do - wait until the DQ is sent to you from CCBC and also check your MCOL status page weekly.

Citizen_K

Thanks all. I got the claimants N180 from DCB Legal Ltd. I will file and ignore it.

I didn't receive my own one yet, is it usually emailed or posted?