Set-Aside Hearing Tomorrow....need help!

Coupon-mad

Not sure it is.  I would NOT assume you were driving. I'd state the truth and append proof of other insured drivers, and include the POFA point.

Chloe_Meow

Sorry, bit brain dead now, which POFA point?

1505grandad

Just checking  -  para 14 refers to PoFA para 8  -  if the charge was by anpr I believe the para should be 9

Le_Kirk

Chloe_Meow said:

Sorry, bit brain dead now, which POFA point?

Have  you claimed in your defence "no keeper liability"?  If so, admitting to driving would negate that point.

Chloe_Meow

@Le_Kirk , I stated that I did drive but wasn't the only driver. I mentioned my interactions with the car park in general not necessarily on the material date, implying I could have possibly have been the driver. Do you think the Judge would stop at no keeper liability and disregard  ANPR? I get the feeling the courts throw the PPC's quite a few lifelines and sometimes they want to get at the meat of the matter, hence why I wanted to focus my defence on overturning the ANPR data. Have there been cases where,after going the distance, the Judge has thrown a claim out based on POFA?
Thank you @1505grandad. I didn't make that point/change directly. However, I did slide in a general statement for non-compliance,so hopefully, I'll expand on it in the WS.

Chloe_Meow

@Le_Kirk, end of para 1: "Liability is denied, whether or not the Claimant is claiming 'keeper liability'"...yet I discuss the Defendent driving and making crazy manoeuvers in the car park!...Confusing?...Judge confused?...I am. 

Le_Kirk

I would take out the "and driver" as there is doubt, not only in your mind but also in fact as there are other named drivers and I would adjust paragraph 4 to assert that "it is impossible to state with certainty who was driving on that unremarkable day over two years ago".  Don't do the claimants job for them, it is for them to prove their case!  Later in the same paragraph you write about the defendant "overshooting the entrance......"  Shouldn't that be "the driver" and shouldn't it be "other drivers of the car have reported that, on occasion when they have overshot ............"  You are not lying (which is something we would not recommend in court) but are introducing an element of doubt, it is for the claimant to prove whether or not it was you on that day.

Chloe_Meow

Thank you Le_Kirk, I did remove "and driver" there and for the other I added "...unremarkable day nor recall who was driving the vehicle". Yes, you're right about the over-shoot part and it is the better way to state it, but I didn't make that change. I was telling my story and forgot to abstract it in the way you mentioned. Defence was submitted before 4pm. 

Chloe_Meow

Update. I've received an email from DCBL with a N180 Directions Questionnaire attached which they have completed. I believe the court will send me mine, is that correct?
Here's the email, can you please share your thoughts:

Good morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim. In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court. Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence. If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

Kind Re

Boat_to_Bolivia

Ignore their N180 and that email.

Wait for CCBC to send you one. Your MCoL history will tell you when they do. You can then download one yourself and fill it in and send it back with a copy to the claimant.

The NEWBIES thread explains how to fill it in, but also search for a thread about the (not so) New Questions on the N180.