UKPC PCN - Hire vehicle

Coupon-mad

You'd be adding this sort of thing to the template defence:

https://forums.moneysavingexpert.com/discussion/comment/80339797#Comment_80339797

jh47777

Coupon-mad said:

You'd be adding this sort of thing to the template defence:

https://forums.moneysavingexpert.com/discussion/comment/80339797#Comment_80339797

Am I able to dispute my ability to appeal via NTK/hirer as mentioned in that thread, if I did so already having found a window PCN? Or is it not null?

Coupon-mad

It is not null.  They didn't transfer liability properly, which is why I showed you that one.

Le_Kirk

UncleThomasCobley said:

Fruitcake said:

If you weren't driving then of course you defend as hirer/lessee because you can't be held liable. If you were driving, then you could still defend as hirer/lessee, but if the judge asks you, "Were you driving?" you have no option but to tell the truth, and that defence point goes out the court window.

The wording of your para 2 will depend on whether the hirer/lessee was or was not the driver.

You could answer that you are not legally obliged to answer that question. There is no statutory requirement.

Even to a judge; not sure how well that will go down!

UncleThomasCobley

Le_Kirk said:

Even to a judge; not sure how well that will go down!

You can point out to a judge that there is no statutory requirement to answer that question. It is not a criminal case.

The judge should not ask the question.  If a defendant believes that a question from the claimant does not require answering, such as "were you the driver?" they may object to it, and the judge will determine whether the question should be allowed.

Coupon-mad

VCS v Ian Edward (appeal) established that a keeper cannot be assumed to be the driver even if they are silent.

UncleThomasCobley

This is the definitive answer from a District Judge:

The judge can ask any question he wants to ask. 

The witness can then give any answer that he wants to give, including: “I refuse to answer that question”. The judge cannot require the witness to give any specific answer.

At the end of the day, the judge will make a finding of fact based on the witness’ answer and any other material.

Le_Kirk

OK, noted; we used to give the advice to posters "what will you say if the judge asks if you were the driver on the day?"  

Coupon-mad

Yes and it's still an uncomfortable position to be in but HHJ Mark Gargan at Middlesbrough has dealt with it very ably in VCS v Edward.

I now have the transcript and will post it when not on my phone.  SRS will be spitting feathers that we will have this transcript too!

Le_Kirk

Coupon-mad said:

Yes and it's still an uncomfortable position to be in but HHJ Mark Gargan at Middlesbrough has dealt with it very ably in VCS v Edward.

I now have the transcript and will post it when not on my phone.  SRS will be spitting feathers that we will have this transcript too!

Excellent!