DCBL claim form

KeithP

smija said:

@KeithP
I have just seen the paper version, does that mean I need to go online file the form acknowledgment of service then go back and fill out the defence? 

Why don't you read that part of the NEWBIES thread that I have already given you a link to?
What paper version... of what, are you talking about?

KeithP

smija said:

@KeithP

should I contact DCBL and ask them to update my name or should I state my name is wrong when I right my defence?

Yes of course. Both.

smija

@KeithP I was referring to the form they sent claim form. 

Coupon-mad

smija said:

@KeithP

should I contact DCBL and ask them to update my name or should I state my name is wrong when I right my defence?

No you just cover that when doing the AOS.  It includes a box for 'name, if different'.

You are NOT using any paperwork. Please go read the Template Defence thread.

Gr1pr

You should login to the government gateway as normal, but only to complete the AOS online 

You do not write on the paper claim form 

You do not post anything 

AOS online and add the correct name where coupon mad said

Use Email for everything after the AOS has been done 

Coupon-mad

I answered this in 26th.

A different name of the Defendant is covered when you do the AOS. It says 'name if different'.

smija

When I log in on the first page it asks for name. Is that my name or the name on the form?

Coupon-mad

I don't know but I do know that when acknowledge service you can put 'name, if different'.  This really isn't important though and you could always address it later, at WS stage.

smija

Hi. Sorry if I have not understood. Can I ask 2 questions? 1, why do we email the defence instead of doing it on the MCOL website? 2, can I upload a draft of my defence for anyone to check over?

also. I wasn’t driving, I had a c section 5 days prior. Do I add this in or doesn’t it matter as the car was there, just I wasn’t the driver? The car is a company car. Normally all fines go to the fleet company then to my work then to me. I don’t understand why this didn’t happen this time. 

Coupon-mad

1.  Explained already in the NEWBIES thread in a link to a 'Court Procedures' explanation thread by bargepole.  All of it is worth reading.

2.  Yes - but pleeeeease only your added paragraph(s).  Don't show us our entire 30 odd paragraph template. We don't need to check or see our own work and people who post the whole defence get fewer replies because we don't have time to look for 'your' facts section buried within a massive post.

3.  Yes.  It's very important that you say that you were not the driver (and could not have been).  This is already covered in para 2 of the Template Defence. That's why there's guidance there telling you that.

If you were the passenger, then say so. If it was your partner driving, say so but do not name him.

You should also add (in a fresh paragraph in your facts section) that you can't be held liable because the Claimant failed to comply with the POFA Schedule 4 paragraphs 13 &14 regarding company/leased cars.  As the D was also not driving (impossible days after a Caesarean) it is denied that the D is liable either as driver or under the keeper/hirer liability section of Schedule 4, so the Claimant has no cause of action against the Defendant. 

The car is a company car. Normally all fines go to the fleet company then to my work then to me. I don’t understand why this didn’t happen this time.

It did.

Must have, if you are the Defendant.

But your workplace team, or the fleet company (one or both) still have and gave out your old address.  You need to put that right if you still work there & use a company car. Tell the Fleet Manager to erase your old address, as it caused this:

Highview parking send me PCNs to the wrong address. It was an address I used to live at that had not been updated somewhere. So I didn’t get these.

You may need to add maybe 3 facts paragraphs to cover these three separate facts.  Then obviously re-number the template in your original.