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UKPC / DCB Legal - vehicle owner/ driver left site

24

Comments

  • B789
    B789 Posts: 3,441 Forumite
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    furac40 said:
    Par #2 and #4 say different things. One admits the driver is the keeper and the other references the PoFA.
    If you are admitting to being the driver, why do you think you need to reference PoFA? You only need the PoFA reference if the driver's identity is unknown.
  • 1505grandad
    1505grandad Posts: 2,913 Forumite
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    Just wondering in view of paras re POC not being clear if the following should be deletd from para 3?:-

    ".........who remained on site throughout their visit."
  • furac40
    furac40 Posts: 42 Forumite
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    Thank you for your help, anything else to consider before submitting the defence please.
  • The_Loner
    The_Loner Posts: 85 Forumite
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    furac40 said:
    Thank you for your help, anything else to consider before submitting the defence please.
    If you’re submitting your defence via email, make sure it’s attached and you get an auto response from the CCBC.
  • Coupon-mad
    Coupon-mad Posts: 131,479 Forumite
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    Just wondering in view of paras re POC not being clear if the following should be deletd from para 3?:-

    ".........who remained on site throughout their visit."
    I think it's OK.  The OP has to say something in para 3 and we all know the case will be discontinued later anyway!
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  • Le_Kirk
    Le_Kirk Posts: 22,291 Forumite
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    That is not the (correct) template defence.  If you use the correct template you will see that liability is denied in paragraph #1 so you don't need it again in paragraph #2.  Paragraph 4# cannot apply as you have admitted being the driver and the PPC do not need to "transfer liability to the keeper" as they have addressed the claim to the keeper/driver.
  • furac40
    furac40 Posts: 42 Forumite
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    Just received a letter from DCBL stating that they intend to proceed with the claim.
    The recommended action on other threads was to await MCOL to update that CCBC sent the DQ, download N180 from the internet and submit it to Court and Claimant. Are you still endorsing this action?
    Can you recommend a few related WS so I can work ahead.
  • Umkomaas
    Umkomaas Posts: 41,338 Forumite
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    Await your N180 from the CCBC - it won't be instant - maybe 3-4 weeks.  Check your MCOL history from time to time to check its dispatch to you. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Le_Kirk
    Le_Kirk Posts: 22,291 Forumite
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    furac40 said:
    Just received a letter from DCBL stating that they intend to proceed with the claim.
    The recommended action on other threads was to await MCOL to update that CCBC sent the DQ, download N180 from the internet and submit it to Court and Claimant. Are you still endorsing this action?
    Can you recommend a few related WS so I can work ahead.

    What does your MCOL status page show?  There are two recommended WSs currently but do check that they suit your particular circumstances and do not just blindly copy them; remember the WS is in support of and provides evidence for YOUR defence.

  • furac40
    furac40 Posts: 42 Forumite
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    Can you please have a look at my draft WS and let me know your tghouth.



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