Claim Form for a PCN Nearly 6 Years Ago

nopcns

The Preliminary Matter section must come before the Facts known to the defendant section. The word "Preliminary" is there for a reason.

Desperational

Keith P thanks, I have done so, awaiting on response,

Thank you nopcns, are all the preliminary matter points relevant ? should I mention the equality act 2010 in this section too? and is the facts known to the defendant worded ok? 
I have until the 15/4 to file the defence but does it harm in anyway if I was to file it on tomorrow?

Desperational

Hi All,  I have put preliminary matters in the correct order, and have used paragraph 2 & 3 as per the hharry100 Defence, and this is my edited section of facts known to the defendant, please advise if this is ok?  as I need to file the defence by Monday... starting to get really panicked now..

The facts known to the Defendant:

4. 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 POC appear 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, based on 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, however due to the date of the POC, being nearly 5 years ago, the defendant does not recall who was driving the vehicle.

5. The Defendants vehicle would have been located in Salem Lane, Wellingborough, Northamptonshire, NN8 4JT for a short period of time, as the Defendants daughter would have been dropped off to the childminder who regularly attended the weekly mums and tot’s group at the Salem Hall Church. The Defendants daughter has a disability of Down Syndrome, Low Muscle Tone, and Hyper Flexibility, therefore proximity to the location would have been imperative. The defendant does not recall who was driving the vehicle from nearly 5 years ago.