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VCS Letter Before Claim

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  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Hi folks,thanks for your replies. Is this a better start please?

    Defendant denies that the Claimant is entitled to relief in the sum claimed,or at all. It is denied that any conduct by the driver was in breach of any term. Further,it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied,whether or not the Claimant is claiming 'keeper liability' which is unclear from the boilerplate text in the Particulars of Claim('the POC').

    The facts known to the Defendant

    2. The facts in this defence come from the Defendant's own knowledge and honest belief. Conversely, the Claimant sets out a
    cut and paste incoherent and sparse statement of case. The PLC appears to be in breach of CPR 16.4, 16PD3 and 16PD7,and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable ,on the basis of the POC,to understand with certainty what case, allegation(s) and what heads of cost are being pursued,making it difficult to respond. However,the vehicle is recognised and it is admitted that the Defendant was the registered keeper but NOT the driver.
    It is noted that the POC  states that "At all material times the Defendant was the registered keeper and/or driver". 
    The Defendant categorically denies being the driver and the Claimant is put to strict proof otherwise. As the alleged contravention occurred on land under statutory control (not relevant land as defined by the PoFA 2012 and a place where airport bylaws apply) the registered keeper cannot be held liable.

    3. The Defendant confirms that the vehicle was used by the driver to drive to and collect the Defendant and his family from East Midlands Airport on returning from their holiday in the early hours of 13/08/2024

    .......................................
  • nopcns
    nopcns Posts: 575 Forumite
    500 Posts Name Dropper
    I'd just put para #3 as follows:

    3. The Defendant confirms that the vehicle was used by the driver to collect the Defendant and his family from East Midlands Airport on returning from their holiday on the date of the alleged breach of contract. It is noted that the Particulars of Claim state that "At all material times the Defendant was the registered keeper and/or driver". The Defendant categorically denies being the driver and the Claimant is put to strict proof otherwise. As the alleged contravention occurred on land under statutory control (not relevant land as defined by the PoFA 2012 and a place where airport bylaws apply) the registered keeper cannot be liable.
  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Hi nopcns,thank a for your reply.

    Does this look better?
    Defendant denies that the Claimant is entitled to relief in the sum claimed,or at all. It is denied that any conduct by the driver was in breach of any term. Further,it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied,whether or not the Claimant is claiming 'keeper liability' which is unclear from the boilerplate text in the Particulars of Claim('the POC').

    The facts known to the Defendant

    2. The facts in this defence come from the Defendant's own knowledge and honest belief. Conversely, the Claimant sets out a
    cut and paste incoherent and sparse statement of case. The PLC appears to be in breach of CPR 16.4, 16PD3 and 16PD7,and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable ,on the basis of the POC,to understand with certainty what case, allegation(s) and what heads of cost are being pursued,making it difficult to respond. However,the vehicle is recognised and it is admitted that the Defendant was the registered keeper but NOT the driver.

    3.The Defendant confirms that the vehicle was used by the driver to collect the Defendant and his family from East Midlands Airport on returning from their holiday on the date of the alleged breach of contract. It is noted that the Particulars of Claim state that "At all material times the Defendant was the registered keeper and/or driver".
    The Defendant categorically denies being the driver and the Claimant is put to strict proof otherwise . As the alleged contravention occurred on land under statutory control (not relevant land as defined by PoFA 2012 and a place where airport bylaws apply) the registered keeper cannot  be liable.

    4. The Defendant denies being the driver and declines to name the driver.
  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Sorry for all the questions
  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Thank you Coupon-Mad
    Know this is prob a stupid question but where can I find it please
  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Hello Coupon-Mad
    I can't find the defence that you was telling me to use. I am struggling around the site at times. I have had a look for it in the newbies section but just not got the tech know how sometimes. Finding it all a little overwhelming unfortunately.
  • nopcns
    nopcns Posts: 575 Forumite
    500 Posts Name Dropper
    Milliered said:
    Hello Coupon-Mad
    I can't find the defence that you was telling me to use. I am struggling around the site at times. I have had a look for it in the newbies section but just not got the tech know how sometimes. Finding it all a little overwhelming unfortunately.

              
  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Hi nopcns
    Yes,I am trying to be guided by that and have defence template open. It was just that Coupon -Mad posted to me 30 odd mins ago telling me to use a defence that she had drafted only this morning but I can't find it.
  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Is my earlier draft ok now to continue with please?
  • Coupon-mad
    Coupon-mad Posts: 152,262 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Milliered said:
    Is my earlier draft ok now to continue with please?
    Please wait if you can. What's your deadline?
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