DCBL claim form

smija

Hi, If possible, could someone please look over these points for me. 

I am not the best writer and do not know if I have communicated all points clearly or if I need to add anything else in. 

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 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, 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. 

The Defendant underwent a caesarean section on the 15/11/2023, 7 days prior to the alleged incident, it is denied the Defendant was driving as this would be impossible after major surgery.  

3. The Defendant’s company car visited B&Q on two consecutive days. Entry was made on the 22nd November and the car left the premises on this date. The car then re-entered the carpark the following day and left the car park on the same day whilst following all parking policies. The Defendant is able to produce telematics evidence of this.  

4. The Claimant failed to comply with the POFA Schedule 4 paragraphs 13 &14 regarding company/leased cars.  As the Defendant was also not driving (impossible days after a Caesarean) it is denied that the Defendant 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 Claimant has sent all letters to Red Cat, this name is incorrect and not the Defendants name. Cat Blue is the correct name. The Defendant has not receive any PCN’s. The first letter the Defendant received was from DCBL with the incorrect name. The made the Defendant weary of the validity of the letter. All other letters have been sent to an incorrect address. 

Nellymoser

Review your second last sentence..... 
"The made the Defendant weary of"
should it say...This made the Defendant wary of or question the validity of the letter.

smija

Can I just make sure I have this right please. So, I just need to add these paragraphs and use all others as they are on the template and email this? 

Gr1pr

Correct, your final document slots in the above to the beginning of the template defence, removing the paragraphs that existed and slotting in yours to replace them, the rest remaining paragraphs are below yours, but unchanged, so you will have around 30 paragraphs in total when completed 

The renumber if required, saving the final document as a PDF. ( By publishing it as a PDF file, rather than a docx file. )

This is attached to the email you are sending to the CNBC email address, adding the name and claim reference number etc,  so you are emailing it as a pdf attachment to the CNBC 

smija

Is the only reason to email the form instead of doing it online to do with it ruining the format?

Coupon-mad

And it won't fit.

smija

Hi, so I submitted my form via email and I have just now got an email from the court to say they can’t accept it as it has been signed by a third party. This is because I signed it off as me where as on the claim form my name is wrong, my maiden name is my first name and my name is my surname. What should I do now?

Grizebeck

Use the name on the claim form.......
It's not complicated.

Coupon-mad

Grizebeck said:

Use the name on the claim form.......
It's not complicated.

And email them back to explain

smija

I’ve emailed them back to explain but can I now go back and edit my name and sign again with my signature?