Defense/witness statement advice for DCBL hearing in May

Coupon-mad

It's your defence that you need to access. You haven't done any WS yet.

What's the deadline on the Hearing Order for exchange of WS? Seems DCB have complied so deadline must be now?

Mightymariner11

Sorry yes I meen defence on the MCOL portal. It's due on Wednesday. I'm guessing they've submitted earlier due to the bank holiday. I aim to hand my WS in, in person to the court on Tuesday.

Mightymariner11

Just a quick thank you to those that commented. It certainly led me in the right direction. 
The case was dismissed in court yesterday as the judge was satisfied I had proven the vehicle was taken without my consent and I therefore couldn't be pursued as the registered owner through POFA.

Thanks again! Finding this forum was a massive help over the last month

Gr1pr

Well done 

Another one bites the dust   !

Coupon-mad

Coupon-mad said:

But it's too late to name the ex-partner.

I think you could effectively argue in your WS that to all intents & purposes the vehicle was stolen from you. Prove that your car was 'taken without consent' (that's what the Police acronym TWOC means ... and it fits your case) and provide evidence as numbered exhibits (don't use the acronym 'CCJ' as it's confusing in this context).. 

And in the alternative, no Notice to Keeper was ever served so there's no keeper liability possible and you can prove you were abroad (append more exhibits) so you cannot have been the driver either.

So i did state the CCJ with the case number within my statement so as Carl1980 says I've effectively already named her without stating her actual name. 

And thank you for those two angles, they where in my defence so i could use those 2 arguments effectively.

Mightymariner11 said:

Just a quick thank you to those that commented. It certainly led me in the right direction. 
The case was dismissed in court yesterday as the judge was satisfied I had proven the vehicle was taken without my consent and I therefore couldn't be pursued as the registered owner through POFA.

Thanks again! Finding this forum was a massive help over the last month

Great news! Well done.

A case won by using the TWOC argument (because the vehicle was taken from you without your consent) is quite unusual.

ANOTHER ONE BITES THE DUST!