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County Court Letter From UKCPS


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I can understand that but the OP was recommended to put the name of the driver in his defence. At that stage it has no relevance and it is not going to be frowned upon by the judge if no declaration is filed.

Actually there was advice to the contrary as well. The reason being that the onus is on the PPC to establish privity of contract

 

If you look at what happened when CPS couldn't prove privity of contract (see thread entitled "Perky defeated in Oldham County Court") they were asked to prove how they knew the RK was the driver and therefore privy to the contract. The response was "We just do" at which point the Judge threw the case out. :-D That statement caused considerable mirth on this forum. I still snicker at it now.

 

 

If it is asked outright in court who the 'driver' was, then anything other than answering truthfully is likely to harm your case, which will be decided on the balance of probabilities, or to be more blunt, who is more credible to the judge.

Agreed. But I think that the case will go the same as the CPS one unless they can clearly establish the RK and the Driver are the same person.

So unless they've got some photos/videos that place the RK at the scene then I think they are shot to sh*t before they've even begun and if not the OP has the other parts of his defense to rely on. Also AIUI the PPC have to disclose any evidence they intend to produce as part of their evidence bundle and that includes photos and video.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Company Details

 

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print.gif help_button.gif The WebCHeck service is available from Monday to Saturday 7.00am to 12 Midnight UK Time

 

Name & Registered Office:

UKCPS LIMITED

1ST FLOOR

STANDARD HOUSE GEORGE STREET

HUDDERSFIELD

WEST YORKSHIRE

HD1 2JF

Company No. 05090613

 

spacer.gifspacer.gifspacer.gifspacer.gifStatus: Active

Date of Incorporation: 01/04/2004

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

9305 - Other service activities

Accounting Reference Date: 30/04

Last Accounts Made Up To: 30/04/2007 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 28/02/2009

Last Return Made Up To: 01/04/2008

Next Return Due: 29/04/2009

Last Members List: 01/04/2008

Previous Names:Date of changePrevious Name22/06/2004JUSTIFIABLE DEVELOPMENTS LIMITEDOperations Manager Jim Whitehead

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