DCB Legal Ltd Claim Form delayed in mail redirection abroad

Coupon-mad

I missed the bit where you say you live abroad and cannot attend in person (in case a Judge tries ordering a hearing it must be virtual!), and the bit you need that briefly states the basis of your defence. Couldn't see it?

I do skim-read though!

Do you think you might not have been driving? If not, that might give you a solid defence point.

Remove 'willingly ' from 4.3.

neilflah

live abroad bit is in section 11)

basis of defence stated at start under section a)

now you mention it, yes, I have no idea if it was me driving.....

I'll remove 'willingly' from 4.3

Coupon-mad

"now you mention it, yes, I have no idea if it was me driving....."

Than you must state that:

High view/Group Nexus did not comply with the POFA 2012 (they never bothered with the Schedule 4 paragraph 9 statutory wording about 'keeper liability' for a decade, until this Summer for the first time).  Yet this Claimant is trying to impose this charge on the registered keeper who knows nothing about the parking event.  Keeper liability is legally impossible outwith the requirements of Schedule 4 PoFA 2012 and nor can a keeper be presumed to have been driving.  It it was that simple there would have been no need for Schedule 4, which is not about assumption, instead it sets a statutory framework for keeper liability which Group Nexus have never used.  There is no evidence in this case as to who was driving, and being a retail park and several years ago, it is in fact far more likely that the driver was the Defendant's wife because (what... the Defendant was likely at work and his wife was with the children more often and had the car?).

The point of the above is, it means you are not legally liable.  A VERY VERY strong defence.  You also do not have to name your wife so she isn't thrown under the bus either.  But you could state that she lives permanently in Poland too.

neilflah

should I switch the defence to 'I can't remember if I was driving' or combine this onto the existing poor signage defence?

1505grandad

Some observations:-

Last sentence above para 8  -  " Furtherance to points raised in 1.3 above."  -  what does that relate to?

DRAFT ORDER  -  refers in places to "paragraph 1.2"  -  again what does that refer to?
                         
                            -  Typo  -  3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/22 

neilflah

Hi 1505grandad,

I don't know what that refers to, it was a copy and paste job.

with regard to    -  Typo  -  3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/22  I'll amend to 23     - but what is the date I should putting in here?

neilflah

Thanks for this Coupon-mad,

Shall I leave my existing defence as it is and add this in as a third line of defence?

neilflah

1)  Jurisdiction
2)  Improper service of claim to wrong address
3)  I'm doubtful it was me driving/POFA 2012

KeithP

neilflah said:

with regard to    -  Typo  -  3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/22  I'll amend to 23     - but what is the date I should putting in here?

Leave it as xx/xx/23. You are providing a draft. If the Judge wants to use your draft, he/she will edit it appropriately.

Coupon-mad

neilflah said:

1)  Jurisdiction
2)  Improper service of claim to wrong address
3)  I'm doubtful it was me driving/POFA 2012

Yes but POFA non-compliance should be top. Use my words.