CLAIM FORM - I have a LEASE CAR as a Small Business Owner - Unsure what to do next

Coupon-mad

I think change this:

"I, MY NAME, of MY COMPANY NAME Limited, MY COMPANY ADDRESS am responding on behalf of the company Defendant in this claim."


and this:

• Exhibit D: Transcripts of Excel v Smith and VCS v Edward, supporting my argument against keeper liability as the company Defendant is the registered keeper, but cannot be "the driver".

Apart from that, you are missing some of the usual exhibits suggested in the NEWBIES thread second post and your WS is four times shorter than most.

freedom42

Thanks so much. All done.
Regarding court fees, is it generally easiest to call? Is there no online way to make payments?

https://www.find-court-tribunal.service.gov.uk/courts/clerkenwell-and-shoreditch-county-court-and-family-court

KeithP

freedom42 said:

Regarding court fees, is it generally easiest to call? Is there no online way to make payments?

Why do you want or need to make a payment?

Coupon-mad

freedom42 said:

Thanks so much. All done.
Regarding court fees, is it generally easiest to call? Is there no online way to make payments?

https://www.find-court-tribunal.service.gov.uk/courts/clerkenwell-and-shoreditch-county-court-and-family-court

Surely you aren't planning on paying the Claimant's hearing fee for them?!  Of course a Defendant doesn't pay fees to defend, otherwise it would prevent justice and be open to scams...oh wait!

freedom42

Oh I see, I didn't realise I didn't have to pay. Thank you both for clarifying. :-)

Coupon-mad

Think about how open to abuse it would be if people had to pay to defend a jumped up scam!

freedom42

Going in person to court very soon. Wish me luck, and any tips welcome. 

Never been to court before. I’m just following the tips shared in newbies thread. 

Should my verbal statement in court take 10-15 mins, as I go through all the points? 

Should I go through each and every point that I emailed in the witness statement? 

Le_Kirk

The judge will guide you and ask you questions and (may) give you an opportunity to speak.  Often posted by @Coupon-mad is the advice to read the room/judge; look out for and listen for visual and verbal clues; see if the judge is on your side and whether or not you need to say anything.  Don't forget to ask for your costs when you win!  Good luck.

freedom42

Le_Kirk said:

The judge will guide you and ask you questions and (may) give you an opportunity to speak.  Often posted by @Coupon-mad is the advice to read the room/judge; look out for and listen for visual and verbal clues; see if the judge is on your side and whether or not you need to say anything.  Don't forget to ask for your costs when you win!  Good luck.

That’s a great tip! Just waiting to go in now. Thank you.

tincombe

Hope it went well. I've come to this late, but can see glaring errors in the POC. 

If you have hired a vehicle then you are not the keeper for the purposes of PoFA, you are the hirer.*

And the 'hirer' may not as a matter of law be pursued by a creditor in lieu of the driver UNLESS the registered keeper (who received the Notice to Keeper) has complied with PoFA in order to relieve themselves of liability. This is stage 1. 

Stage 2 is whether the creditor then wishes to pursue the hirer to do which they must satisfy specific conditions prescribed in PoFA. 

No idea whether these conditions were met and why you are in the frame as opposed to the registered keeper. 

*- unlike council tickets where there is 'owner' liability and where the 'hirer' may be considered the owner in prescribed circumstances. A hirer under PoFA is never the keeper for these purposes. 

Paras. 4(7), 13 and 14 refer: https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted