Horizon Parking Court claim form

Coupon-mad

Yep. Have you also added the Mazur paragraphs, if the claim form signatory on the back isn't a solicitor?

RealMadrid19

Coupon-mad said:

Yep. Have you also added the Mazur paragraphs, if the claim form signatory on the back isn't a solicitor?

I'm a bit confused now, I'll upload a picture with the back of the claim

Coupon-mad

Oh OK, John Davies is a solicitor so forget that idea.

Car1980

Nobody has spotted that the Defendant is not the driver and the claim is NOT being brought under POFA.

Personally I'd just use a brief non-POFA defence, such as:

1. The claimant is the registered keeper of the vehicle but was not the driver during the time alleged. No contract exists between the two parties.

2. The claimant has not brought their claim under any legal mechanism that could make the defendant liable.

3. As the particulars make no case for liability, it submitted that the claim should be struck out under 3.4(2)(a) where a statement of case discloses no reasonable grounds for bringing a claim.

RealMadrid19

Coupon-mad said:

Oh OK, John Davies is a solicitor so forget that idea.

Is it the defence good enough at this stage or it would need some other modifications? Thanks

Car1980

Why are you defending as if you were the driver?

You weren't and they have not brought their claim under the POFA. They've dropped a clanger by not doing so.

There is no liability on your part, so why defend as if you are? See above 

RealMadrid19

Car1980 said:

Why are you defending as if you were the driver?

You weren't and they have not brought their claim under the POFA. They've dropped a clanger by not doing so.

There is no liability on your part, so why defend as if you are? See above 

Hi, I'll post my full defence so you can have a look over it, on the second point of the defence I'm saying that I wasn't the driver, or that is not enough? Thank you for your time

Coupon-mad

Yes that'll do.